AFA//7-43V- A2/Nb^
The
NORTH CAROLINA
REGISTER
IN THIS ISSUE
EXECUTIVE ORDERS
PROPOSED RULES
Certified Public Accountant Examiners
Environment, Health, and Natural Resources
Human Resources
Pharmacy, Board of
Practicing Psychologists Examiners
Public Education
FINAL RULES
Correction
Revenue
Transportation
List of Rules Codified
WECOW®
MAY 1?
EAW LIBRARY
ARRC OBJECTIONS
RULES INVALIDATED BY JUDICIAL DECISION
ISSUE DATE: MAY 15, 1991
Volume 6 • Issue 4 • Pages 186-226
INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE
NORTH CAROLINA REGISTER
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i
NORTH
CAROLINA
REGISTER
ISSUE CONTENTS
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, NC 2761 1-7447
(919) 733-2678
EXECUTIVE ORDERS
Executive Orders 140-141 186
II. PROPOSED RUUES
Environment, Health, and
Natural Resources
Environmental Management
Commission 197
Wildlife Resources
Commission 198
Human Resources
Medical Assistance 188
Licensing Boards
Certified Public Accountant
Examiners 201
Pharmacy, Board of 201
Practicing Psychologists
Examiners 203
Public Education
Elementary and Secondary 199
Julian Mann III,
Director
James R. Scarcella Sr.,
Deputy Director
Molly Masich,
Director APA Services
Staff:
Ruby Creech,
Publications Coordinator
Teresa Kilpatrick,
Editorial Assistant
Jean Shirley,
Editorial Assistant
III. FINAL RULES
Correction
Division of Prisons 209
Revenue
Property Tax Commission 210
Transportation
Division of Motor Vehicles 213
List of Rules Codified 215
IV. ARRC OBJECTIONS 219
V. RULES INVALIDATED BY
JUDICIAL DECISION 223
VI. CUMULATIVE INDEX 225
NORTH CAROLINA REGISTER
Publication Schedule
(April 1991 - December 1992)
Issue
Last Dav
Last Day
Earliest
*
Date
for
for
Date for
I arliest
Filing
Electronic
Public
Effective
Filing
Hearing &
Adoption by
Agency
Date
********
********
********
********
********
04 01/91
03/11 91
03/18/91
05,01 91
08/01/91
04 15 91
03/22/91
04/01/91
05/15/91
OS 01 91
05/01 91
04/10/91
04/17/91
05/31/91
09 01 91
05 15 91
U4 24 9 1
05/01/91
06/14/91
09 01/91
06/03/91
05/10/91
05/17/91
07/03/91
10 01 91
06 14 91
05 23 9]
05/31/91
07/14/91
10/01/91
07/01/91
06/10/91
06/17,91
07/31/91
11/01/91
07 15 91
06 21 91
06 28 91
08 14 91
11/01/91
08.01/91
07/11/91
07/18/91
08,31/91
12/01,91
08/15/91
07/25/91
08/01/91
09/14 91
12 01,91
09 03 91
08/12/91
08/19/91
10/03/91
01 01 92
09 16/91
08/23/91
08/30/91
10/16/91
01/01/92
10/01/91
09/10/91
09/17/91
10,31,91
02 01 92
10 15 91
09/24 91
10/01/91
11/14/91
02/01 92
11/01/91
10 11 91
10/18/91
12/01/91
03 01/92
11 15 91
10 24 91
10/31/91
12 15 91
03/01/92
12 02 91
■ 11 07-91
11/14/91
01/01/92
04/01/92
12/16 91
11/21/91
12/02/91
01 15 92
04 01 92
01 02 92
12 09 91
12 16 91
01/31/92
05,01 92
01 15/92
12,20/91
12/31/91
02 14/92
05 01/92
02 03 92
01 10 92
01/17/92
03 04 92
06 0192
02 14 92
01 24 92
01 '31 92
03 15/92
06/01/92
03 02 92
02/10 92
02/17 92
04/01/92
07,01/92
03 16 92
02 24 92
03 02 92
04/15/92
07 01 92
04 01/92
03 11/92
03/18/92
05 01 92
08/01/92
04. 15 92
03/25 92
04/01/92
05/15/92
08/01/92
05 01, 92
04 10 92
04/17,92
05 31 92
09 01,92
05 15 92
04 24 92
05 01 92
06 14 92
09 01 92
06 01 92
05 1 1 92
05/18 92
07/01/92
10 01 92
06 15 92
05 25 92
06.01 92
07/15 92
10 01.92
07 01 92
06 10 92
06/17 92
07 31 92
11 01 92
07 1 5 92
06 '24 92
07 01 92
08/14/92
11 01 92
OS 03 92
07/13/92
07 20 92
09 02 92
12 01/92
OS 14 92
07 24 92
07 31 92
09 13 92
12 01 92
09 01 92
08/11/92
OS IS 92
10 01 92
01 01 93
09 15 92
OS 25 92
09 01 92
10 15 92
01 01 93
10 01 92
09 10 92
09 17 92
10 31 92
02 01 93
10 15 92
09 24 92
10,01/92
11/14/92
02 01,93
11 02 92
10 12 92
10 19 92
12 02 92
03 0193
11 16 92
10 23 92
10/30/92
12 16 92
03 01 93
12 01 92
1 1 06 92
11/13 92
12 31 92
04 01 93
12 15 92
11 24 92
12,01,92
01 14 93
04 01,93
* The "Earliest Effective Date" is computed assuming that the public hearing
and adoption occur in the calendar month immediately following the "Issue
Date", that the agency files the rule with The Administrative Rules Review
Commission by the 20th of the same calendar month and that ARRC approves
the rule at the next calendar month meeting.
EXECUTIVE ORDERS
EXECUTIVE ORDER NUMBER 140
APPOINTING SPECIAL COMMISSION
TO INVESTIGATE SHORTAGES IN THE
NORTHAMPTON COUNTY SCHOOLS'
FINANCES
The Northampton County Board of Commis-
sioners has asked that I appoint a special com-
mission to investigate shortages and the causes
for the shortages in the Northampton County
Schools' finances. Documents were submitted
in support of the request which evidence that
shortages totaling $484,185 were suffered during
the 1988-89 and 1989-90 school years and that
there have been various violations of the North
Carolina School Finance Act. The request was
made by the Northampton County Board be-
cause it felt that the financial condition of the
schools had deteriorated to the point that neither
the Northampton Board of Education nor the
Northampton County Board could cope with it.
North Carolina General Statute §143-158 au-
thorizes the Governor to appoint special com-
missions to investigate State departments or
institutions and submit their findings to him.
Article IX, Sec. 5 of the Constitution vests the
State Board of Education with the authority and
responsibility for supervising and administering
the State's free public school system and the ed-
ucational funds provided by the State for its
support. Northampton County Schools is a part
of the free public school system and it and the
funds provided for its support are subject to the
supervision and administration of the State
Board of Education.
The State Auditor has the authority and re-
sources to do much of the work that will be re-
quired for the State Board of Education to make
the investigation requested by the Northampton
County Board. The State Board of Education
has made known to me that it would be helpful
to the State Board to have the benefit of the as-
sistance of the State Auditor in carrying out the
investigation.
THEREFORE, as requested by the Northampton
County Board of Commissioners and pursuant
to Articles III, Sec. 1 and Article IX, Sec. 5 of the
Constitution and North Carolina General Stat-
utes §143-158, §143A-25 and §147-64.6(c)(3), it
is ORDERED:
Section 1: The State Board of Education is
hereby designated a Special Commission to in-
vestigate alleged shortages in the Northampton
County School's finances and the causes for such
shortages and report to me (i) the results of its
findings and (ii) its recommendations for reme-
dying whatever shortcomings found.
Section ~h The State Auditor is hereby re-
quested to assist the State Board of Education in
its investigation by conducting a Special Investi-
gation and Compliance Audit of the
Northampton County Schools for such periods
as are found to be indicated for the State Board
of Education to discharge its responsibilities
hereunder and to do all such other things as ap-
pear to the State Auditor to be appropriate to
that end and to report the results of the same to
the State Board of Education.
Section 3: The Attorney General, the Depart-
ment of Justice, the State Treasurer, the Local
Government Commission and all other agencies
of the State called upon to do by the State Board
of Education and/or the State Auditor, shall fur-
nish assistance to the State Board and/or the
State Auditor in conducting this investigation.
Section 4^ This Executive Order shall be effec-
tive immediately and shall remain in effect until
terminated by me or my successor.
Done in Raleigh, North Carolina, this 22nd day
of April, 1991.
EXECUTIVE ORDER NUMBER 141
AMENDING EXECUTIVE ORDER NUMBER 90
GOVERNOR'S ADVISORY COUNCIL ON
LITERACY
By the authority vested in me as Governor by
the Constitution and laws of North Carolina, it
is ORDERED:
Executive Order Number 90, as amended by
Executive Order Number 104, is hereby amended
to add the following member to the Council:
Section 2. Membership
12. One representative of the Department of
Human Resources working in early child
development to be appointed by the
Governor
Executive Order Number 90 is hereby extended
until May 18, 1993.
This Executive Order shall become effective
immediately.
6:4 NORTH CAROLINA REGISTER May 15, 1991
186
EXECUTIVE ORDERS
Done in Raleigh, this the 17th day of April,
1991.
187 6:4 NORTH CAROLINA REGISTER May 15, 1991
PROPOSED RULES
TITLE 10 - DEPARTMENT OF HUMAN
RESOURCES
No
' otice is hereby given in accordance with G.S.
I SOB- 12 that the Department of Human
Resources/ Division of Medical Assistance intends
to amend rule(s) cited as 10 NCAC 26H .0101 -
.0104 and .0106 - .0107.
1 he proposed effective date of this
September 1, 1991.
action is
1 he public hearing will be conducted at 1:30
p.m. on June 14, 1991 at the North Carolina Di-
vision of Medical Assistance, 1985 Umstead
Drive, Room 201, Raleigh, North Carolina 27603.
\_sOmment Procedures: Written comments con-
cerning these amendments must be submitted by
June 14, 1991, to: Division of Medical Assistance,
1985 Umstead Drive, Raleigh, North Carolina
27603, ATTN.: Bill Hottel, APA Coordinator.
Oral comments may be presented at the hearing.
In addition, a fiscal impact statement is available
upon written request from the same address.
CHAPTER 26 - MEDICAL ASSISTANCE
SUBCHAPTER 26H - REIMBURSEMENT PUANS
SECTION .0100 - REIMBURSEMENT FOR
NURSING FACILITY SERVICES
.0101 REIMBURSEMENT PRINCIPLES
Effective October +7 -WS4 a«4 eaeh October 4-
thoreaftor all All certified Skilled Nuniing a«4
Intermediate Care nursing facilities participating
in the North Carolina Medicaid Program are re-
imbursed on a prospective basis as set forth
hereunder. Combination facilities containing
both a SNF a«4 IGF- portion are treated a* two-
separato facilitioo fe* Fate netting purposes. This
plan is developed in accordance with the re-
quirements of 42 CFR 447 Subpart C - Payment
for Inpatient Hospital and Long-Term Care Fa-
cility Services. Providers must comply with all
federal regulations and with the provisions of this
plan.
Authority G.S. 108A-25(b); 108A-54: I08A-55;
S.L. 1985, c. 479, s. 86; 42 C.T.R. 447, Subpart
C.
.0102 RATE SETTING METHODS
(a) A rate for eaeh facility » skilled nursing care
and a rate for intermediate nursing care are de-
termined annually for each facility to be effective
for dates of service for a twelve month period
beginning each October 1 . Each patient will be
classified in one of the two categories depending
on the services needed. Rates are derived from
either desk or field audited cost reports for a base
year period to be selected by the state. Cost re-
ports are filed and audited under provisions set
forth in Rule .0104 of this Section. The criteria
for deteiTnining the classification of each patient
are presented in Appendix J_ of Attachment 3.1 -A"
of the state plan. The minimum requirements
of the 1987 OBRA are met by these provisions.
(bj T4*e Each prospective rate consists of two
components: a direct patient care rate and an in-
direct rate computed and applied as follows:
(1) The direct rate is based on the Medicaid
cost per day incurred in the following cost
centers:
(A) Nursing,
(B) Dietary or Food Service,
(C) Laundry and Linen,
(D) Housekeeping,
(E) Patient Activities,
(F) Social Services,
(G) Ancillary Services (includes several cost
centers).
(2) To compute each facility's direct rate for
skilled care and intermediate care, the di-
rect base year cost per day is increased by
adjustment factors for price changes as set
forth in Rule .0102(c). A facility's direct
rate cannot exceed the maximum rat e s set
fef a SNF ef ICF. However, the Division
»f Medical Assistance F»ay- negotiato d+-
Feet rates that oxcood the maximum Fate
fof ventilator dependent patients. Pay
ment ef ouch sp e cial direct Fates shall he
made only after specific prior approval »f
the Division ef Medical Assistance
(A) A facility's direct rates cannot exceed
the maximum rates set for skilled nursing
or intermediate nursing care. I lowever,
the Division of Medical Assistance may
negotiate direct rates that exceed the
maximum rate for ventilator dependent
patients. Payment of such special direct
rates shall be made only alter specific prior
approval of the Division of Medical As-
sistance.
(B) A standard per diem amount will be
added to each facility's direct rate, includ-
ing faculties that are limited to the maxi-
mum rates, for the projected statewide
average per diem costs of the salaries paid
to replacement nurse aides for those aides
in training and testing status and other
costs deemed by IICFA to be facility
costs related to nurse aide training and
testing. The standard amount is based on
6:4 NORTH CAROLINA REGISTER May 15, 1991
1SS
PROPOSED RULES
the product of multiplying the average
hourly wage, benefits, and payroll taxes
of replacement nurse aides by the number
of statewide hours required for training
and testing of all aides divided by the
projected total patient days.
(3) If a facility did not report anv costs for
either skilled or intermediate nursing care
in the base year, the state average direct
rate will be assigned as determined in Rule
.0102(d) of this Section for the new tvpe
of care.
(4) (-44 The direct maximum rates are devel-
oped by ranking base-year per diem costs
from the lowest to the highest in two
separate arrays, one for SNFs skilled care
and one for ICFs intermediate care. The
per diem cost at the 80th percentile in
each array is selected as the base for the
maximum rate. The base cost in each
array is adjusted for price changes as set
forth in Rule .0102(c) of this Section to
determine the maximum statewide direct
rates for skilled care and intermediate care.
Fate a* *et fottft » R»le .0102(c).
(-44 Upon completion »f a»y e*s4 reporting
yea? a»y funds received by a facility from
the direct pati e nt eafe Fate which have Ftet
boon spent eft direct patient rape coots as
defin e d h e r e in afe repaid to the state.
(5) Effective October J\ 1990. the direct rates
will be adiusted as follows: T4*e indirect
Fate fs intended te- cover the following
costs e£ a» efficiently af*4 economically
operated facility:
(-A4 Administrativ e a»4 G e n e ral,
(A) A standard per diem amount will be
added to each facility s skilled and inter-
mediate rate to account for the combined
expected average additional costs for the
continuing education of nurses aides: the
residents assessments, plans of care, and
charting of nursing hours for each patient:
personal laundry and hvgiene items: and
other non-nursing staffing requirements.
The standard amount is equal to the sum
of.
(il the state average annual salary, bene-
fits, and payroll taxes for one registered
nurse position multiplied by the num-
ber of facilities in the state and divided
bv the state total of patient days:
(in the total costs of personal laundry and
hvgiene items divided bv the total pa-
tient davs as determined from the FY
19S9 cost reports of a sample of nursing
facilities multiplied by the annual ad-
iustment factors described in Rule
.0102(c)(4)(B) of this Section: and
(iii) the state average additional pharmacy
consultant costs divided bv 365 days
and then divided bv the average number
of beds per facility.
f&4 Operation ©I Plant aF>4 Maintenance,
(B) A standard amount will be added to the
intermediate rate of facilities that were
certified only for intermediate care prior
to October 1, 1990. This amount will be
added to account for the additional cost
of providing eight hours of RN coverage
and 24 hours of licensed nursing coverage.
Fhe standard amount is equal to the state
average hourly wage, benefits and payroll
taxes for a registered nurse multiplied bv
the j_6 additional hours of required li-
censed nursing staff divided bv the state
average number of beds per nursing facil-
ity. A lower amount will be added to a
facility only if it can be determined that
the facility's intermediate rate prior to
October j\ 1990 already includes licensed
nursing coverage above eight hours per
day. The add-on amount in such case
would be equal to the exact additional
amount required to meet the licensed
nursing requirements.
f&4 Property Ownership a»4 Use,
(C) The standard amounts in Subpara-
graphs (2MB). (5)(A). and (5)(B) of this
Rule, will be retained in the rates of sub-
sequent years until the year that the rates
are derived from the actual cost incurred
in the cost reporting year ending in 1991
which will reflect each facility's actual cost
of complying with all OBRA '! 1_ require-
ments.
f©4 Mortgage Interest.
(44 Effective fe* dates ef service beginning
October 4r IQS ' 1 a«4 ending September 44+r
1985 the indirect rates ape fourteen dollars
a»4 sisty c e nts (SM.6Q) fof eaeh SNF day
et ea*e as4 thirteen dollars a*t4 fiftv c e nts
($13.50) feF eaeh 1€£ da* ef eafer ' These
rates represent the ftfst step » a twe- step
transition process from the different SNF
a&4 iGf- indirect rates f>ai4 ift 1Q83 84 a«4
the nearly equal indirect rat e s that wiH he
pai4 » subsequent y e ars under this plan
as provided ift th+s Rule.
(6) Upon completion of anv cost reporting
year any funds received by a facility from
the direct patient care rates which have
not been spent on direct patient care costs
as defined herein are repaid to the State.
This will be applied bv comparing a facil-
189
6:4 NORTH CAROLINA REGISTER May 15, 1991
PROPOSED RULES
itv's total Medicaid direct costs with the
combined direct rate payments received
for skilled and intermediate care. How-
ever, any skilled and intermediate care
Medicaid costs in excess of an amount
equal to the skilled or intermediate maxi-
mum rates established in Rule .0102(b)(4)
of this Section multiplied by the facility's
skilled or intermediate Medicaid days are
not reimbursable and must be excluded
from the calculation of a repayment
amount.
(7) Effective - fof datoo ©f service beginning Qe-
tobor 47 1985 a«4 annually thereafter pe?
diom indirect rat e s wiH be computed as
follows: The indirect rate is intended to
cover the following costs of an efficiently
and economically operated facility:
(A) Administrative and General,
(A) 44*e average indirect payment to aH fo-
cilitieo » tke fiscal yeap ending September
^J\77 I - \~J ~t I f 1 II IT_TI I rj TTTTTT^^rT U V 7 1 1 T.X I J EQ RE I TT \_f
Or? lit** ^J^iJj.'*X-.M tV 1 U rrr? rrrt? rrrt^iT? rrtTryr
/ IJ \ I l.i 1^t£^» r-^ii^x null 1^^ fi.lin.'t. Lit Tfir ^t_t^^
^^L^^f ^^^^^v ^^^^^^7 !^^^^^7 ^^^^^T ^^^7 c^^^^T^^^^^^j ^^^T ^^^^^^
mated price level changes from fiscal yea?
1983 through &<* yea? i» which tbe ratoo
will apply » accordanc e with the proco
dure set- forth i» Rul e .0102(c) b e low to
establish tl+e ICF pep diem indir e ct rate.
it \ _^*.a^ I L * I P I **" 1 I * I fcflfij »«^, I'T i f it' l *"' ' * I ' t "' P • ' 1 1 r ) ■ \
^^^^^ ^^^^^C ^^^^^^^ T^^^T ^^^^^^^T TT^^^^T^^^T 1 Cnv r^r^tTTT 1^^
multiplied by a factor »f 4-rQ3 to ootabhoh
Ae SNF pef diem indirect rat e . This ad-
juotmont is made to recognize the addi
tional administrative expense incurred »
tfe* provision ef SNF patient care.
(B) Operation of Plant and Maintenance,
(C) Property Ownership and Use,
(D) Mortgage Interest.
(8) Effective for dates of service beginning
October 1, 1984 and ending September 30,
19S5 the indirect rates are fourteen dollars
and sixty cents ($14. Ml) for each SNF day
of care and thirteen dollars and fifty cents
($13.50) for each ICF day of care. These
rates represent the first step in a two step
transition process from the different SNF
and ICF indirect rates paid in 1983-84 and
the nearly equal indirect rates that will be
paid in subsequent years under this plan
as provided in this Rule.
(9) Effective for dates of service beginning
October _L, 1985 and annually thereafter
per diem indirect rates will be computed
as follows:
(A) The average indirect payment to all fa-
cilities in the fiscal year ending September
30, 1983 I which is thirteen dollars and two
cents (S 1 3.02)1 will be the base rate.
(B) The base rate will be adjusted for esti-
mated price level changes from fiscal year
1983 through the year in which the rates
will apply in accordance with the proce-
dure set forth in Rule .0102(c) of this
Section to establish the ICF per diem in-
direct rate.
(C) The ICF per diem indirect rate shall be
multiplied by a factor of 1.02 to establish
the SNF per diem indirect rate. This ad-
justment is made to recognize the addi-
tional administrative expense incurred in
the provision of S N F patient care.
(10) Effective for dates of service beginning
October J^ 1989, a standard per diem
amount will be added to provide for the
additional administrative costs of prepar-
ing for and complying with all nursing
home reform requirements. The standard
amount is based on the average annual
salary, benefits and payroll taxes of one
clerical position multiplied by the number
of facilities m the state divided by the state
total of patient days.
(11) Effective for dates of service beginning
October L 1990, the indirect rate will be
standard for skilled and intermediate care
for all facilities and will be determined by
applying the 1990-91 indirect cost adjust-
ment factors in Rule .0102(c) of this Sec-
tion to the indirect rate paid for SNF
(c)
level
during the year beginning October l^
1989. Thereafter the indirect rate will be
adjusted annually by the indirect cost ad-
justment factors.
Adjustment factors for changes in the price
The rate bases established in Rule
.0102(b), are adjusted annually to reflect increases
or decreases in prices that are expected to occur
from the base year to the year in which the rate
applies. The price level adjustment factors are
computed using aggregate base year costs in the
following manner:
( 1 ) Indirect eos* and- direct costs wiH- be sopa
rated i«to twe catogorios. Costs will be
separated into direct and indirect cost cat-
egories.
(2) Costs in each category will be accumulated
into the following groups:
(A) labor,
(B) other,
(C) fixed.
(3) 34w» percent »f costs within eaek category
(ICF' &f S N F ) m each group will be as-
certained to toe second decimal point.
This percent shall become toe "weight"
fe* each group e4 costs within each cate
go p . '. The relative weight of each cost
6:4 NORTH CAROLINA REGISTER May 15, 1991
190
PROPOSED RULES
group is calculated to the second decimal
point by dividing the total costs of each
group (labor, other, and fixed) by the total
costs for each category (direct and indi-
rect).
(4) Price adjustment factors for each cost
group will be established using official es-
timates ef- price * level changes supplied by-
the North Carolina Office ©£ Budg e t em4
Management »» earlier than 4r2Q days
prior te- the date »» which the Hew- re-
imbursement rates shall ge ifite- eff e ct .
Thooo factors shall include: as follows:
(A) Labor. The expected annual percent-
age change in North Carolina service
wages modified fo* any special factors fe-
lating te- nursing homes that &a» be e#-
plicitly identified, direct labor costs as
determined from a survey of nursing fa-
cilities to determine the average hourly
wages for RNs, LPNs, and aides paid in
the current year and projected for the rate
year. The percentage change for indirect
labor costs is based on the projected av-
erage hourly wage of N.C. service work-
ers.
(B) Other. The expected annual change in
the implicit price deflator for the Gross
National Product as provided by the
North Carol ma Office of State Budget and
Management.
(C) Fixed. No adjustment will be made for
this category', thus making the factor zero.
(D) The weights computed in (c)(3) of this
Rule shall be multiplied times the factors
computed in (c)(4) of this Rule. These
products shall be added separately in each
category.
(E) The sum computed for each category
in (c)(4)(D) of this Rule shall be the price
level adjustment factor for that category
of rates (direct or indirect) for the coming
fiscal year.
f+4 The adjustment factor computed ift
(c)(4)(B) ef th+s R*4e si»H be multiplied
times the product e£ aH preceding annual
price level adjustment factors computed
since the base y e ar. This becomes the
composit e factor by- which the bas e rates
ate adjust e d t© produce the direct an4 m-
dir e ot rat e s that wtll- apply » the Rest 6s-
(4} Fef new- facilities enrolled e» ©f after Oe-
tober 4t 4^X4 the direct patient eafe Brie is estab
lished at the average ©f- industry base yea* costs
t©f the appropriate level ©f- ease aftd is adjusted
fof pric e chang e s as set forth m Rule .0102(c).
A- Hew- facility receives tbe indirect fate ift effect
at the tiffte the facility is enrolled m the ^-
Program. to- the e vent ©f a chango ef- <
the new- owner r e c e ives the same fate ©£ payment
assignod t© the previous owner.
(d) The skilled and intermediate direct patient
care rates for new facilities are established at the
lower of the projected costs in the provider's
Certificate of Need application inflated to the
current rate period or the average of industry base
year costs and adjusted for price changes as set
forth in Rule .0102(c) of this Section. A new
facility receives the indirect rate in effect at the
time the facility is enrolled in the Medicaid pro-
gram^ In the event of a change of ownership, the
new owner receives the same rate of payment
assigned to the previous owner.
(e) Each out-of-state provider is reimbursed at
the lower of the appropriate North Carolina
maximum rate or the provider's payment rate as
established by the State in which the provider is
located. Eor patients with special needs who
must be placed in specialized out-of-state facili-
ties, a payment rate that exceeds the North
Carolina maximum rate may be negotiated.
(£} Rates:
( 1 ) A single all-inclusive prospective per diem
rate combining both the direct and indi-
rect cost components can be negotiated
for nursing facilities that specialize in pro-
viding intensive services for head-injured
or ventilator-dependent patients. 1 he rate
may exceed the maximum rate applicable
to other Nursing Facility services. For
head-injury services, a facility must spe-
cialize to the extent of staffing at least 50
percent of its Nursing Facility licensed
beds for head-injurv services. The facility
must also be accredited by the Commis-
sion for the Accreditation of Rehabili-
tation Facilities (CARF). For ventilator
services, the only facilities that are eligible
for a combined single rate are small
freestanding facilities with less than 21
Nursing Facility beds and that serve only
patients requiring ventilator services.
Ventilator services provided in larger fa-
cilities are reimbursed at higher direct rates
as described in Rule .0102(b)(2)(A) of this
Section.
(2) A facility's initial rate is negotiated based
on budget projections of revenues, allow-
able costs, patient days, staffing and
wages. A complete description of the fa-
cility's medical program must also be
provided. Rates in subsequent years are
determined by applying the average an-
nual skilled nursing care adjustment 1 ac-
tors to the rate in the previous year, unless
191
6:4 NORTH CAROLINA REGISTER May 15, 1991
PROPOSED RULES
either the provider or the State requests a
renegotiation of the rate.
(3) Cost reports for these services must be
filed in accordance with the rules in .0104
of this Section, but there will be no cost
settlements for any differences between
costs and payments. Since it is appropri-
ate to include all financial considerations
in the negotiation of a rate, a provider will
not be eligible to receive separate pay-
ments for return on equity as defined in
Rule .0105 of this Section.
Authority G.S. !08A-25(b); I08A-54; 108A-55;
S. L. 1985, c. 479, s. 86; 42 C.F.R. 447, Subpart
C.
.0103 REASONABLE AND NON-ALLOWABLE
COSTS
(a) Providers have an affirmative responsibility
to operate economically and efficiently so that
their costs are reasonable. Providers are required
to provide sendees at the lowest possible costs in
compliance with Federal and State laws, regu-
lations for licensing and certification, and stand-
ards for quality of care and patients' safety.
Providers are also responsible for the financial
actions of their agents (e.g., management com-
panies) in this regard.
(b) The state may publish guidelines to define
reasonable costs in certain areas after careful
study of industry-wide cost conditions.
(c) The following costs are considered non-
allowable facility costs because they are not re-
lated to patient care or are specifically disallowed
under the North Carolina State Plan:
(1) bad debts;
(2) advertising-except personnel want ads,
and one line yellow page (indicating facil-
ity address);
(3) life insurance (except for employee group
plans);
(4) interest paid to a related party;
(5) contributions, including political or
church-related, charity and courtesy al-
lowances;
(6) prescription drugs and insulin (available
to recipients under State Medicaid Drug
Program);
(7) vending machine expenses;
(8) b arbor a«4 beauty chop expenses; personal
grooming other than haircuts,
shampooing and nail trimming performed
by facility staff;
(9) state or federal corporate income taxes,
plus any penalties and interest;
(10) telephone, ef television, or radio for per-
sonal use of patient;
(11) penalties or interest on income taxes;
(12) dental expenses— except for consultant
fees as required by law;
(13) personal income taxes, plus any penalties
and interest;
(14) farm equipment and other expenses;
(15) retainers, unless itemized services of equal
value have been rendered;
(16) physicians fees for other than utilization
review or medical directors or medical
consultants as required by law;
(17) country club dues;
(18) sitter services or private duty nurses;
(19) fines or penalties for violations; capital
expenditures subject te> oithor ooction 1 122
e* cortificato ©f nood royiow Ret- receiving
prior approval by t«e appropriate) stato
agency;
(30) conversions, leases, a«4 management
agreements Ret roviowod by- the appropri
ate otato agoncy;
(444 (20) guest meals;
(33) (21 ) morgue boxes;
(34) (22) leave days- -except therapeutic leave;
(34} (23) personal it e ms as4 clothing;
laundering ef personal clothing; a«4
(35) asy other it e ms which, und e r t«e given
circumstances, are consider e d te be non
allowable.
(24) any costs in excess of the maximum rates
established in Rule .0102(b)(4) of this
Section and costs in excess of a facility's
total prospective rate payments;
(25) costs that are billable to Medicare.
(d) For those non-allowable expenses which
generate income, such as prescription drugs,
vending machines, barber and beauty shop, etc.,
expense should be identified as a non-
reimbursable cost center, where determinable.
If the provider cannot determine the proper
amount of expense which is to be identified, then
the income which was generated must be offset
in full to the appropriate cost center.
Authoritv G.S. 108A-25(b); 108A-54; 108A-55;
S.L. 1985, c. 479, s. 86; 42 C.F.R. 447, Subpart
C.
.0104 COST REPORTING: AUDITING AND
SETTLEMENTS
(a) Each facility that receives payments from
the North Carolina Medicaid Program must
prepare and submit a report of its costs and other
financial information requested by- th# stat e (•
such as the working trial balance ) related to re-
imbursement annually. The report must include
costs from the fiscal period beginning on October
1 and ending on September 30 and must be sub-
6:4 NORTH CAROLINA REGISTER May 15, 1991
192
PROPOSED RULES
mitted to the state on or before the December 31
that immediately follows the September 30 year
end. A new provider must submit a report for
the period beginning with the date of certification
and ending on September 30. Facilities that fail
to file their cost reports bv the due date are sub-
iect to payment suspension until the reports are
filed. The Division of Medical Assistance may
extend the deadline 30 days for filing the report
if, in its view, good cause exists for the delay.
(b) Cost report format. The cost report must
be submitted on forms and in a format and me-
dium approved by the Division of Medical As-
sistance. The account structure for the report is
based on the chart of accounts published by the
American Healthcare Association in 1979 but
amended or modified to the extent necessary to
meet the special reimbursement requirements of
this plan. The Division of Medical Assistance
will make one copy of the cost report format
available to each facility (combination facilities
receive only one) on or before July 1 of the re-
porting year for which the report is to be filed.
(c) Cost finding and allocation. Costs must
be reported in the cost report in accordance with
the following rules and in the order of priority
stated.
(1) Costs must be reported in accordance
with the specific provisions of this plan as
set forth in this Rule.
(2) Costs must be reported in conformance
to- Titl e XVIII principles e+ reimburse
m e nt. with the Medicare Provider Re-
imbursement Manual, HCFA 15.
(3)
(d)
Costs must be reported in conformance
with Generally Accepted Accounting
Principles.
The specific cost reporting guidelines re-
lated to this plan are set forth in the following
Paragraphs. The state will publish guidelines,
consistent with the provisions of this plan, con-
cerning the proper accounting treatment for
items described in this Rule as related operating
expenses. Those guidelines wtM- be tssaed prior
to April 4t 1985. The guidelines may be sub so
quontly modified prior to the beginning of each
cost reporting period. In no case, however, shall
any modifications be applied retroactively. A
provider should request clarification in writing
from the state if there is uncertainty about the
proper cost center classification of any particular
expense item.
(1) Nursing Cost Center includes the cost of
nursing staff, medical supplies, and related
operating expenses needed to provide
nursing care to patients, including medical
records (including forms), utilization re-
view, the Medical Director and the Phar-
macy Consultant. Also, toe eesi (rontal
»f purchaoo) »f special equipment toa* is
medically required to sustain life »ay be
charged to to» ©est center. Such equip
m e nt shall include o xygon concentrators,
respirators a«4 ventilators. The amount
of nursing time provided to each patient
must be recorded in order to allocate
nursing cost between skilled and interme-
diate nursing care.
(2) Dietary Cost Center includes the cost of
staff, raw food, and supplies needed to
prepare and deliver food to patients.
(3) Laundry and Linen Cost Center includes
the cost of staff, bed linens (replacement
mattresses and related operating expenses
needed to launder facility-provided items).
(4) Housekeeping Cost Center includes the
cost of staff and supplies needed to keep
the facility clean.
(5) Patient Activities Cost Center includes
the cost of staff, supplies, and related op-
erating expenses needed to provide ap-
propriate diversionary activities for
patients.
(6) Social Services includes the cost of social
workers and related operating expenses
needed to provide necessary social services
to patients.
(7) Ancillary Cost Center includes the cost
of all therapy services covered by the
Medicaid program and billable medical
supplies. Providers must bill Medicare
Part B 'for those ancillary services covered
under the Medicare B program. Ancillary
cost centers include: Radiology, Labora-
tory, Physical Therapy, Occupational
Therapy, Speech Therapy. Oxygen Ther-
apy, Intravenous fluids. Billable Medical
Supplies, Parenteral Enteral Therapy and
life sustaining equipment, such as oxygen
concentrators, respirators, and ventilators
and other specifically approved equip-
ment.
(8) Administrative and General Cost Center
includes all costs needed to administer the
facility including the staff costs for the
administrator, assistants, billing and sec-
retarial personnel, personnel director and
pastoral expenses. It includes the costs
of copy machines, dues and subscriptions,
transportation, income taxes, legal and
accounting fees, start-up, and a variety of
other administrative costs as set forth in
the Chart of Accounts. Interest expense
other than that stemming from mortgages
or loans to acquire physical plant items
should be reported here.
193
6:4 NORTH CAROLINA REGISTER May 15, 1991
PROPOSED RULES
(9) Property Ownership and Use:
(A) This cost center includes all allowable
costs related to the acquisition and/or use
of the physical assets including building,
fixed equipment and movable equipment,
that are required to deliver patient care,
except the special equipment, as specified
in .0104(d)(1) of this Rule that may be
charged to the nursing life-sustaining
equipment cost center. Specifically it in-
cludes the following items:
(i) all equipment expense regardless of
equipment nature,
(ii) lease expense for all physical assets,
(iii) depreciation of assets utilizing the
straight line method,
(iv) interest expense of asset related li-
abilities, (e.g., mortgage expense),
(v) property taxes.
(B) For the purposes of computing allow-
able lease expense and for balance sheet
presentation for Return on Equity com-
putations (see Rule .0105), leases shall not
be capitalized.
(C) In establishing the allowable cost for
depreciation and for interest on capital
indebtedness, with respect to an asset
which has undergone a change of owner-
ship, the valuation of the asset shall be the
lesser of allowable acquisition cost less
accumulated depreciation to the first
owner of record on or after July 18, 1984
or the acquisition cost to the new owner.
Depreciation recapture will not be per-
formed at sale. The method for estab-
lishing the allowable related capital
indebtedness shall be as follows:
(i) The allowable asset value shall be di-
vided by the actual acquisition cost.
(ii) The product computed in step 1 shall
be multiplied times the value of any re-
lated capital indebtedness.
(iii) The result shall be the liability
amount upon which interest may be
recorded at the rate set forth in the debt
instrument or such lower rate as the
state may prove is reasonable.
The allowable asset and liability values
established through the process in this
Rule shall be those used in balance
sheet presentations for return on equity
computation (see Rule .0105). These
procedures are established to implement
the provisions of PL 98-369 Section
2314.
(10) Operation of Plant and Maintenance
Cost Center includes all costs necessary to
operate or maintain the functionality and
appearance of the plant. These include:
maintenance staff, utilities, repairs and
maintenance to all equipment.
(11) Equipment Expense. Equipment is de-
fined as an item with a useful life of more
than two years and a value greater than
twe five hundred dollars ($200.00).
($500.00). Equipment ownership and use
costs shall be reported in the Property
Ownership and Use Cost Center. Equip-
ment maintenance and repair costs shall
be reported in the Operation of Plant and
Maintenance Cost Center. Equipment
should not be reported elsewhere.
(12) Training Expense. Training expense
shall be allocated to must be identified in
the appropriate benefiting cost center.
centers. Adoquato rocordo t» support the
allocation shall be maintained aft4 pfe-
sented upon r e quest te establish
allowability. The costs of training nurse
aiiio must be identified separately and
may include the cost of purchasing pro-
grams and equipment that have been ap-
proved bv the State for training or testing.
(13) Home Office Costs. Home office costs
are generally charged to the Administra-
tive and General Cost Centers. In some
cases, however, certain personnel costs
which are direct patient care oriented may
be allocated to "direct" patient care cost
centers if time records are maintained to
document the performance of direct pa-
tient care services. No Home office over-
head may be so allocated. The basis of
this allocation among facilities participat-
ing in the North Carolina Medicaid pro-
gram may be:
(A) specific time records of work performed
at each facility, or
(B) patient days in each facility to which the
costs apply relative to the total patient
days in all the facilities to which the costs
apply.
(14) Management Fees. Management fees are
charged to the Administrative and General
Cost Center. In some cases, however, a
portion of a management fee may be al-
located to a direct patient care cost center
if time records are -maintained to docu-
ment the performance of direct patient
care services. The amount so allocated
may be equal only to the salary and fringe
benefits of persons who are performing
direct patient care services while employed
by the management company. Adequate
records to support these costs must be
made available to staff of the Division of
6:4 NORTH CAROLINA REGISTER May 15, 1991
194
PROPOSED RULES
Medical Assistance to support these costs.
The basis of this allocation among facili-
ties participating in the North Carolina
Medicaid program may be:
(A) specific time records of work performed
at each facility, or
(B) patient days in each facility to which the
costs apply relative to the total patient
days in all the facilities to which the costs
apply.
(15) Related Organization Costs. Allowable
costs of related organizations are to be
(a) Providers may request a reconsideration
review of thoir Fate agency reimbursement deter-
minations. Those r e consideration roviowo wiU
be processed according to procedures set- forth m
■W NCAC 26 K. A provider may request a re-
consideration review within 30 calendar days
from receipt of final notification of payment,
payment denial, disallowances, payment adjust-
ments, notice of program reimbursement and
adiustments and within 60 calendar days from
receipt of notice of an institutional reimburse-
ment rate, following the review the agency will
identified in accordance with the direct render a decision in writing which will be sent by
and indirect cost center categories. The certified mail. If the provider disagrees with the
intent is to treat the costs incurred bv the
related organization as if they were in-
curred bv the provider itself Related or-
ganization's costs applicable to direct cost
centers ( Nursing. Dietary, faundrv and
I men. Housekeeping. Social Services,
Patient Activities, and Ancillary Services)
must be identified in the applicable direct
cost center. Related organization's costs
applicable to indirect cost centers ( Prop-
erty. Ownership and l"se, Operation and
Maintenance of Plant, and Administrative
and General) must be identified in the
applicable indirect cost center. Adequate
records to support these costs must be
made available to staff of the Division of
Medical Assistance and its designated
contract auditors.
(e)
ports
Auditing and Settlement. Ail filed cost re-
must be desk audited and interim re-
imbursement settlements made in accordance
with the provision of this plan. This settlement
is issued within ISO days of the date the cost re-
port was filed or within ISO days of December
31 of the fiscal year to which the report applies,
whichever is later. The state may elect to per-
form field audits on any filed cost reports within
three years of the date of filing and issue a final
settlement on a time schedule that conforms to
Federal law and regulation. If the state decides
not to field audit a facility a final reimbursement
notice may be issued based on the desk audited
settlement. The state may reopen and field audit
any cost report after the final settlement notice
to comply with Federal law and regulation or to
enforce laws and regulations prohibiting abuse
of the Medicaid Program and particularly the
provisions of this reimbursement plan.
Authority G.S. l08A-25(b); 10SA-54; 10SA-55;
S.L. 1985, c. 479, s. 86; 42 C.F.R. 447, Subpart
C.
.0106 APPEALS
reconsideration review decision, the provider may
request a contested case hearing with the N. C.
Office of Administrative Hearings.
(b) Indirect rates shall not be adjusted on Fe-
considoration revi e w, appeal.
(c) A direct rate may be adjusted on reconsid
oration review appeal if the a provider can estab-
lish to the satisfaction of the state agency that
such an adjustment is necessary to protect the
health and safety of its patients and to sustain its
financial viability. A facility is considered to be
financially viable, and therefore not eligible for a
rate adjustment, if its total Medicaid rate pay-
ments and return on equity exceeded its total
Medicaid cost as reported in the most recent cost
report available. Providers are expected to utilize
all available funds to provide the services that
their patients need. Once a provider has reported
a loss for a certain year, a direct rate of adjust-
ment can then be negotiated for the following
year at a level no greater than what is absolutely
necessary for patient care and for the financial
viability of the facility. The adjusted rate cannot
exceed the applicable maximum direct rate as es-
tablished by Rule .0102(b)(3).
(d) Direct rates may also be adjusted tor
without regard to the provisions of Rule .0106(c)
of this Section for the following reasons:
(1) to correct erroneous data in the rate base;
(2) to accommodate any changes in the lovolo
Bf prices minimum standards or minimum
levels of resources required in the pro-
vision of patient care that are mandated
by state or federal laws or regulation;
(3) to maintain services at levels commensurate
with any rate adjustments that are allowed
between the base year and the year in
which the rates derived from that base
year are first effective.
(e) Adjustments to reimbursement settlements
shall be made on the basis of the reimbursement
principles set forth in this plan or incorporated
here by reference [See Rule .0104(e)).
195
6:4 NORTH CAROLINA REGISTER May 15, 1991
PROPOSED RULES
Authority G.S. 108A-25(b); 108A-54; 108A-55;
150B-11; S.L. 1985, c. 479, s. 86; 42 C.F.R. 447,
Subpart C.
.0107 PAYMENT ASSURANCE
(a) The state will pay each provider of nursing
care services, who furnishes the services in ac-
cordance with the requirements of the State Plan
and the participation agreement, the amount de-
termined under the plan. In addition, Skillod
Nursing Faculties must be enrolled in the Title
XVIII Program.
(b) In no case shall the payment rate for ser-
vices provided under the plan exceed the facility's
customary charges to the general public for such
services.
(c) The payment methods and standards set
forth herein are designed to enlist the partic-
ipation of any provider who operates a facility
both economically and efficiently. Participation
in the program shall be limited to providers of
service who accept, as payment in full, the
amounts paid in accordance with the State Plan.
This reimbursement plan is effective consistent
with and on approval of the State Plan for Med-
ical Assistance.
(d) In all circumstances involving third party
payment, Medicaid is the payor of last resort.
No payment will be made for a Medicaid recipi-
ent who is also eligible for Medicare, Part A, for
the first 20 days of care rendered to skilled nurs-
ing patients. Medicaid payments for co-
insurance for such patients will be made for the
subsequent 21st through the 100th day of care.
In the case of ancillary services providers are ob-
ligated to:
(1) maintain detailed records or charges for
all patients;
(2) bill the appropriate Medicare Part B car-
rier for all services provided to Medicaid
patients that may be covered under that
program; af*4
(3) allocate an appropriate amount of ancil-
lary costs, based on these charge records
adjusted to reflect Medicare denials of
coverage, to Medicare Part B in the an-
nual cost report; and
(4) failure to properly bill Medicare or other
third-party payors will result in the disal-
lowance of anv related cost claimed as
Medicaid cost.
(e) The state may withhold payments to pro-
viders under the following circumstances:
(1) If the state has a reasonable expection that
the provider will not expend its direct rate
for reasonable and allowable direct patient
care costs, the state may, at its discretion,
withhold a portion of each payment so as
to avoid a large amount due back to the
state upon reimbursement settlement
pursuant to the provision of Paragraph
.0104(e) of this Section.
(2) Upon provider termination the state may
withhold a sum of money from provider
payments that it reasonably expects will
be due when final reimbursement settle-
ments for all previous periods, including
the period in which the termination oc-
curred, are completed.
(3) Upon determination of any sum due the
Medicaid Program or upon instruction
from a legally authorized agent of the
State or Federal Government the state
may withhold sums to meet the obli-
gations identified.
(4) The state may arrange repayment sched-
ules within the limits set forth in federal
regulations in lieu of withholding funds.
(5) The state may charge reasonable interest
or overpayments from the date that the
overpayment occurred.
(6) The State may withhold 20 percent per
month of a provider's payment for failure
to file a timely cost report. These funds
will be released to the provider after a cost
report is acceptably filed. The provider
will experience delayed payment while the
check is routed to the State and split for
the 20 percent withholding.
Authority G.S. 108A-25(b); 108A-54; 108A-55;
S.L. 1985, c. 479, s. 86; 42 C.F.R. 447, Subpart
C.
******************
lyotice is hereby given in accordance with G.S.
I50B-12 that the Department of Human
Resources! Division of Medical Assistance intends
to amend rule(s) cited as 10 NCAC 50B .0204.
1 he proposed effective date of this action is
September 1, 1991.
1 he public hearing will be conducted at 1:30
p.m. on May 31, 1991 at the North Carolina Di-
vision of Medical Assistance, 1985 Umstead
Drive, Room 201, Raleigh, N.C. 27603.
V^omment Procedures: Written comments con-
cerning this amendment must be submitted by
May 31, 1991, to: Division of Medical Assistance,
1985 Umstead Drive, Raleigh, North Carolina
27603, ATTN.: Bill Hottel, APA Coordinator.
6:4 NORTH CAROLINA REGISTER May 15, 1991
196
PROPOSED RULES
Oral comments may be presented at the hearing.
In addition, a fiscal impact statement is available
upon written request from the same address.
CHAPTER 50 - MEDICAL ASSISTANCE
SUBCHAPTER SOB - ELIGIBILITY
DETERMINATION
SECTION .0200 - APPLICATION PROCESS
.0204
(a)
lows:
(1)
(2)
(3)
(4)
EFFECTIVE DATE OF ASSISTANCE
Medicaid coverage shall be effective as fol-
The month of application; or
As much as three months prior to the
month of application when the client re-
ceived medical services covered by the
program and was eligible during the
month or months of medical need; or
If the client applies prior to meeting a
non-financial requirement, Medicaid shall
begin no earlier than the calendar month
in which all non-financial requirements
are met; or
For pregnancy related services under
M-PW, the fe* month following the
month ef application m which countable
incomo » equal t& t*p lew than the income
standard. month of application or as
much as three months prior to the month
of application in which all eligibility re-
quirements are met in the month or
months.
Authority G.S. 10SA-54; 42 C.F.R. 435.914; 42
C.F.R. 435.919.
TITLE 15A - DEPARTMENT OF
ENVIRONMENT, HEALTH, AND
NATURAL RESOURCES
iV otice is hereby given in accordance with G.S.
I50B-I2 that the Environmental Management
Commission intends to amend rule cited as I5A
NCAC 2B .0309.
1 he proposed effective date of this action is
January I, 1992.
1 he public hearing will be conducted at 7:00
p.m. on July 23, 1991 at the Auditorium,
Montgomery Community College, Old Biscoe
Road, Troy, North Carolina.
Cc
statements, data and other information may be
submitted in writing prior to, during or within 30
days after the hearing or may be presented orally
at the hearing. Oral statements may be limited
at the discretion of the hearing officer. Submittal
of written copies of oral statements is encouraged.
For more information contact Suzanne H. Keen,
Division of Environmental Management, P.O. Box
29535, Raleigh, NC 27626-0535, (919)
733-5083.
CHAPTER 2 - ENVIRONMENTAL
MANAGEMENT
SUBCHAPTER 2B - SURFACE WATER
STANDARDS: MONITORING
SECTION .0300 - ASSIGNMENT OF STREAM
CLASSIFICATIONS
.0309 YADKIN-PEE DEE RIVER BASIN
(c) The Yadkin- Pee Dee River Basin Schedule
of Classifications and Water Quality Standards
was amended effective:
(1) February 12, 1979;
March 1, 1983;
August 1, 1985;
February 1, 1986;
October 1, 1988;
March 1, 1989;
January 1, 1990;
August 1, 1990;
January 1, 1992.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
121
(2)
The Schedule of Classifications and Water
Quality Standards for the Yadkin- Pee Dee River
Basin was amended effective January 1^ 1992 as
follows
little River (Index Nos. 13-25-(10) and
13-25-( 19)| from Suggs Creek to Densons
Peek was reclassified from Classes
WS-III and C to Classes WS-III HQW
and C HOW.
Densons Creek |Index No. 13-25-20-(l)l
from its source to Troy's Water Supply
Intake including all tributaries was reclas-
sified from Class WS-III to Class WS-III
HOW,
Brtdgers Creek (Index No. 13-25-24) from
its source to the little River was reclassi-
ill
Ql
Ql
lied from Class C to Class C HQW.
Statutory Authority G.S. 143-214. 1; 143-215. 1;
143-215.3(a)(l).
******************
omment Procedures: All persons interested in
this matter are invited to attend. Comments.
No
otice is hereby given in accordance with G.S.
J50B-/2 that the Environmental Management
197
6:4 NORTH CAROLINA REGISTER May 15, 199 1
PROPOSED RULES
Commission intends to amend rule cited as 1 5A
NCAC2B .0312.
1 he proposed effective date of this action is
January 1, 1992.
1 he public hearing will be conducted at 7:00
p.m. on July 25, 1991 at the Auditorium, Carteret
Community College, 3505 Arendell Street,
Morehead City, North Carolina.
O omment Procedures: A 11 persons interested in
this matter are invited to attend. Comments,
statements, data and other information may be
submitted in writing prior to, during or within 30
days after the hearing or may be presented orally
at the hearing. Oral statements may be limited
at the discretion of the hearing officer. Submittal
of written copies of oral statements is encouraged.
For more information contact Suzanne H. Keen,
Division of Environmental Management, P.O. Box
29535, Raleigh, NC 27626-0535, (919)
733-50S3.
CHAPTER 2 - ENVIRONMENTAL
MANAGEMENT
SUBCHAPTER 2B - SURFACE WATER
STANDARDS: MONITORING
SECTION .0300 - ASSIGNMENT OF STREAM
CLASSIFICATIONS
.0312 WHITE OAK RIVER BASIN
(b) The White Oak River Basin Schedule of
Classification and Water Quality Standards was
amended effective:
(1) December 13, 1979;
(2) June 1, 1988;
(3) January 1, 1990;
(4) August 1, 1990;
(5) August 1, 1991;
(6) January 1, 1992.
(e) The Schedule of Classifications and Water
Quality Standards for the White Oak River Basin
was amended effective January l^ 1992 with the
reclassification of Peletier Creek (Index No.
20-36-1 1) from its source to Bogue Sound from
Class SA to Class SB with the requirement that
no discharges be allowed.
Statutory Authority G.S.
143-215.3(a)(l).
143-214.1; 143-215.1;
iV otice is hereby given in accordance with G.S.
150B-12 that the North Carolina Wildlife Re-
sources Commission intends to amend rule(s)
cited as 15A NCAC 10A .1001.
1 he proposed effective date of this action is
September 1, 1991.
1 he public hearing will be conducted at 10:00
a.m. on June 18, 1991 at Room 386, Archdale
Building, 512 N. Salisbury Street, Raleigh, NC
27604-1188.
Cc
******************
> omment Procedures: Interested persons may
present their views either orally or in writing at the
hearing. In addition, the record of hearing will
be open for receipt of written comments from June
3, 1991 to July 3, 1991. Such written comments
must be delivered or mailed to the N.C. Wildlife
Resources Commission, 512 N. Salisbury Street,
Raleigh, NC 27604-1188.
CHAPTER 10 - WILDLIFE RESOURCES AND
WATER SAFETY
SUBCHAPTER 10A -WILDLIFE RESOURCES
COMMISSION
SECTION .1000 - WARNING TICKETS
.1001 PARTICULAR OFFENSES
(b) Warning Tickets Permitted. Where there
is a contemporaneous occurrence of more than
three violations of the motorboat statutes or ad-
ministrative rules, Wildlife Enforcement Officers
may issue a citation on the two most serious vi-
olations and a warning ticket on the lesser
violation(s). In addition, Wildlife Enforcement
Officers may issue warning tickets for the fol-
lowing offenses;
(1) Boating Violations:
(A) number missing, lack of contrast, not
properly spaced or less than three inches
in height;
(B) no validation decal affixed or incorrect
placement;
(C) fire extinguisher not charged or non-
approved;
(D) no fire extinguisher on boats with false
bottoms not completely sealed to hull or
filled with flotation material;
(E) failure to notify North Carolina Wildlife
Resources Commission of change of ad-
dress of boat owner;
(F) personal flotation device not Coast
Guard approved;
6:4 NORTH CAROLINA REGISTER May 15, 1991
198
PROPOSED RULES
(G) failure to display navigation lights when
there is evidence that lights malfunctioned
while underway;
(H) no sound device (on Class I boats
only);
(I) muffler not adequate;
(J) loaded firearm on access area;
(K) parking on access area in other than
designated parking area, provided traffic
to ramp not impeded;
(L) motorboat registration expired ten days
or less;
(M) no Type IV throwable personal
flotation device on board, but other per-
sonal flotation device requirements met;
(N) violation of no-wake speed zone when
mitigating circumstances present.
Statutory Authority G.S. 1 13-140.
ing upstream to the first impoundment,
or to the headwaters, if unimpounded, the
daily creel limit for striped bass and their
hybrids is three fish. No striped bass be-
tween the lengths of 22 inches and 27
inches, both inclusive, may be retained
from April 1 through May 3 1 , aft4 h» fck
H*ay be rotainod from May 2i fc» Docom
b»F 3-4-r 1990. except no fish may be re-
tained in Roanoke River and its
tributaries including Cashie. Middle and
Eastmost rivers from May 1 to December
31, 1991.
Statutory Authority
1 13-304; 113-305.
G.S. 1/3-134; 113-292;
TITLE 16 - DEPARTMENT OF PUBLIC
EDUCATION
******************
iV otice is hereby given in accordance with G.S.
1 SOB- 12 that the North Carolina Wildlife Re-
sources Commission intends to amend rule(s)
cited as ISA SCAC IOC .0305.
1 he proposed effective date of this action is
September 1, 1991.
1 he public hearing will be conducted at 10:00
a.m. on June 17, 1991 at Room 386, Archdale
Building, 512 N. Salisbury Street, Raleigh, NC
27611.
(^ omment Procedures: Interested persons may
present their views either orally or in writing at the
hearing. In addition, the record of hearing will
be open for receipt of written comments from June
2. 1991 to July 2, 1991 . Such written comments
must be delivered or mailed to the N.C. Wildlife
Resources Commission, 512 N. Salisbury Street,
Raleigh. NC 27604-1188.
CHAPTER 10 - WILDLIFE RESOURCES AND
WATER SAFETY
SUBCHAPTER IOC - INLAND FISHING
REGULATIONS
SECTION .0300 - GAME FISH
.0305 OPEN SEASONS: CREEL AND SIZE
LIMITS
(b) Exceptions
(6) In the inland and joint waters of the
coastal rivers and their tributaries extend-
No
otice is hereby given in accordance with G.S.
1 SOB- 12 that the State Board of Education in-
tends to amend rules cited as 16 NCAC 6C .0307
and .0401.
1 he proposed effective date of this action is Oc-
tober 1, 1991.
Th
he public hearing will be conducted at 9:30
a.m. for 16 NCAC 6C .0307 and 10:30 a.m. for
16 NCAC 6C .0401 on June 14, 1991 at Third
Floor Conference Room, Education Building, 116
West Edenton Street, Raleigh, North Carolina
27603-1712.
Cc
■ omment Procedures: Any interested person
may present views and comments either in writing
prior to or at the hearing or orally at the hearing.
CHAPTER 6 - ELEMENTARY AND
SECONDARY EDUCATION
SUBCHAPTER 6C - PERSONNEL
SECTION .0300 - CERTIFICATION
.0307 CERTIFICATE RENEWAL
(a) Certificates are valid for a period of five
years from the effective date of issuance. Holders
must renew their certificates within each five-year
period. The department applies renewal credit
to the person's certificate field(s) and or profes-
sional duties.
(b) The department bases renewal or rein-
statement of a certificate on 15 units of renewal
credit. A unit of credit is equal to one quarter
hour or two-thirds of a semester hour of HIE
199
6:4 NORTH CAROLINA REGISTER May 15, 1991
PROPOSED RULES
credit, or one school year of teaching experience.
The department will not record less than one
credit on a certificate.
(c) Currently employed personnel shall main-
tain a professional growth plan in accordance
with department guidelines. These persons may-
obtain renewal credit for the following activities:
(1) college or university credit activities;
(2) teaching experience (one unit for every
year);
(3) local in-service courses or workshops
which carry at least one unit of renewal
credit and which meet the following crite-
ria:
(A) ten clock hours of direct training by the
instructor pef wwt will equal one unit of
renewal credit; over a poriod ef a l e ast (we
.!■!< ■■■ hut n I i «"»-> Q r,'\ ti^i^i E I v qJ '~* '"•'■' ririi t re
(B) content and instructional activities de-
signed in a sequential manner to develop
specified competencies of a specific popu-
lation;
(C) led by qualified instructional personnel
and directly supervised by the sponsoring
school unit;
(D) Credit is granted on the basis of pro-
gram completion and achievement of
specified individual performance, which is
determined by individual evaluation for
specified competencies;
(E) enrollment limited to assure account-
ability of credit granted;
(4) independent study of no more than five
units of renewal credit per five-year re-
newal period which meets the following
criteria:
(A) teachers and other certified personnel
help to develop local independent study-
procedures which the superintendent
keeps on file and periodically sends to
each certified employee;
(B) the employee and the superintendent
or his or her designee plan the experience
in advance, including identification of
competencies to be acquired and an eval-
uation to determine satisfactory achieve-
ment of those competencies; and
(C) the amount of credit awarded is related
to the complexity of the competencies to
be achieved;
(5) activities approved by the department,
(d) Each LEA and approved governing boards
of schools are responsible for assuring that all
local courses and workshops and independent
study activities which do not carry 1HE credit
meet the standards contained in this Rule.
(e) Agencies which the department authorizes
to administer renewal requirements locally shall
adopt a procedure to determine the appropriate-
ness of credit in advance of the renewal activity.
In determining appropriateness the agency must
consider direct relationship to critical job re-
sponsibilities, suitability of the content level and
properly established credit for the activity. Each
agency must report on participation in and ef-
fectiveness of renewal activities as the department
requests.
(f) Persons who hold a North Carolina certif-
icate but who are not currently employed in the
public schools or by approved boards may earn
renewal credit in college or university credit ac-
tivities, or local courses and workshops or activ-
ities approved by the department if they are
admitted on a space available basis. The de-
partment will determine the appropriateness of
the credits on the basis of the direct relationship
to the certificate field, the suitability of the con-
tent level and properly established credits for the
activity.
(g) The department will approve in advance
activities which are not established for certificate
renewal by LEAs or which do not carry regular
I HE credit, but which are offered for renewal
credit.
Authority G.S. U5C-12(9)a.
Article IX. Sec. 5.
N.C. Constitution,
SECTION .0400 - LEAVE
.0401 VACATION LEAVE
(a) All full-time or part-time permanent public
school employees who are working or on paid
leave for at least one-half of the calendar days in
a month earn vacation leave, based on length of
aggregate state service in North Carolina.
(b) A part-time permanent employee in a
budgeted position earns vacation leave on a pro
rata basis.
(c) Employees earn vacation leave as follows:
Yrs. of Aggregate
Days
Per Month
State Service
of Employment
Less than 2 yrs.
1.00
2 but less than 5 yrs.
1.15
5 but less than 10 yrs.
1.40
10 but less than 15 vrs.
1.65
15 but less than 20 yrs.
1.90
20 yrs. or more
2.15
time or part-time permanent employment figured
on the same basis as for longevity pay. The LEA
6:4 NORTH CAROLINA REGISTER May 15, 1 99 1
200
PROPOSED RULES
must establish the anniversary date for each em-
ployee on the basis of the employee's aggregate
state service.
(e) The LEA may advance vacation leave to
an employee.
(f) The LEA transfers unused vacation leave
when an employee transfers between LEAs. An
employee may have leave transferred to or from
a state agency or institution, community college
or technical institute, a position subject to the
State Personnel Act in a local mental health,
public health, social services or emergency man-
agement agency, if the receiving agency is willing
to accept the leave; otherwise, the employee will
be paid in a lump sum for accumulated leave not
to exceed 30 workdays.
(g) Leave payment at separation is subject to
the following:
(1) An employee who is overdrawn on leave
when he or she separates will have the
excess leave corrected through a deduction
from the final salary check.
(2) Payment for leave may be made on the
regular payroll or on a supplemental pay-
roll. The LEA makes payment from the
same source of funds and in the same
proportion as the employee's salary is
paid.
(3) Terminal leave payment is subject to the
same deductions as salary, including re-
tirement.
(4) The receipt of lump sum leave payment
and retirement benefit is not dual com-
pensation.
(5) The LEA makes payment for unpaid sal-
ary, terminal leave and travel of a deceased
employee to the personal representative
of the deceased employee, or if there is no
personal representative, to the Clerk of
Superior Court of the county in which the
employee resided.
(h) Each LEA shall maintain leave records for
all employees. LEAs must inform employees of
their leave balances at least once a year. LEAs
must retain leave records for separated employees
for at least five years from the date of separation.
(i) Leave must be taken in minimum units of
one-half or whole days.
(j) Instructional personnel and school bus
drivers may not take vacation leave on days when
students are scheduled to be in attendance.
These persons may take vacation leave instead
of sick leave on days when students are not
scheduled to attend. LEAs may designate spe-
cific scheduled workdays for required attendance
as long as employees have an opportunity to take
annual leave earned during the school year.
Employees may charge leave taken only to
scheduled teacher workdays and the ten vacation
leave days scheduled in the school calendar.
(k) Other employees may take vacation leave
instead of sick leave. These employees must
have an opportunity to take annual leave earned
in the school year.
Statutory Authority G.S. J/5C-272; 115C-285;
U5C-302; II5C-31 6.
TITLE 21 - OCCUPATIONAL LICENSING
BOARDS
l\otice is hereby given in accordance with G.S.
1 SOB- 12 that the North Carolina State Board of
Certified Public Accountant Examiners intends to
repeal rule(s) cited as 21 \CAC 8G .0306.
1 he proposed effective date of this action is Oc-
tober I, 1991.
1 he public hearing will be conducted at 10:00
a.m. on June 24, 1991 at the N.C. State Board of
CPA Examiners, 1101 Ober/in Road, Ste. 104,
Raleigh. NC 27605.
Co
■ omment Procedures: Any person interested in
this rule may present oral comments relevant to
the action proposed at the public rule-making
hearing or deliver written comments to the Board
office not later than Wednesday, June 12, 1991 .
Anyone planning to attend the hearing should no-
tify the Board office by 5:00 p.m. on Wednesday,
June 12, 1991 , and stale whether they wish to
speak on the proposal and whether they will speak
in favor of the proposal or against it. Anyone
speaking on the proposal will be limited to 10
minutes.
CHAPTER 8 - BOARD OF CERTIFIED PUBLIC
ACCOUNTANT EXAMINERS
SUBCHAPTER 8G - PROFESSIONAL ETHICS
AND CONDUCT
SECTION .0300 - OTHER RESPONSIBILITIES
.0306 FIRM NAME OR STYLE OF
A PRACTICE (REPEALED)
Statutory Authority G.S. 55B-5; 93-12(9).
******************
1\ otice is hereby given in accordance with G.S.
1 SOB- 12 that the North Carolina Board of Phar-
201
6:4 NORTH CAROLINA REGISTER May 15, 1991
PROPOSED RULES
macy intends to amend rules cited as 21 NCAC
46 .2201, .2502, .2605; and adopt rule cited as 21
NCAC 46 .2602 (Existing Rules .2602 through
.2607 will be renumbered as Rules .2603 through
.2608), .2901 - .2902.
1 he proposed effective date of this action is Oc-
tober 1, 1991.
1 he public hearing will be conducted at 2:00
p.m. on June 25, 1991 at the Holiday Inn Four
Seasons, Greensboro. North Carolina.
O omment Procedures: Persons wishing to pres-
ent oral data, views or arguments on a proposed
rule or rule change may file a notice with the
Board at least 10 days prior to the public hearing
at which the person wishes to speak. Comments
should be limited to 10 minutes. The Board's
address: P.O. Box 499, Carrboro, NC 27510.
Any person may file a written submission of com-
ments or argument at any time up to and including
July 8, 1991.
CHAPTER 46 - BOARD OF PHARMACY
SECTION .2200 - CONTINUING EDUCATION
.2201 HOURS: RECORDS: PROVIDERS:
CORRESPONDENCE: RECIPROCITY
(d) Continuing education obtained for renewal
of a license to practice pharmacy shall include at
least two hours of credit for programs on
impairment issues over a two year period.
Pharmacists residing in North Carolina shall ob-
tain such hours from a program approved by the
Pharmacist Recovery Network and organl/.ed or
sponsored by the North Carolina Pharmaceutical
Association, the North Carolina Society of Hos-
ital Pharmacists, the University of North
Carolina at Chapel Hill, or Campbell University,
(e) (4f Continuing education shall not serve as
a barrier to reciprocity; however all licensees by
reciprocity must observe the continuing educa-
tion standards specified in (a), (b) and (c) of this
Rule within the first renewal period after
licensure in this state and the continuing educa-
tion standard specified by Paragraph (d) of this
Rule within two years after licensure in this state.
Statutory Authority G.S. 90-85.6; 90-85.17;
90-85.18.
SECTION .2500 - MISCELLANEOUS
PROVISIONS
.2502 RESPONSIBILITIES OF PHARMACIST-
MANAGER
(Tj Any incident which unexpectedly produces
serious or permanent injury or death that in-
volves a drug or device dispensed from any lo-
cation holding a permit shall be promptly
reported in writing to the Board by the
pharmacist-manager or person in charge.
(k) It is the pharmacist-manager's responsibil-
ity to separate from their dispensing stock all
drug products more than six months out of date.
Statutory Authority G.S. 90-85.6; 90-85.21.
SECTION .2600 - DEVICES
.2602 DISPOSABLE DEVICE
Disposable device means a device for single use
and capable of easy disposal with negligible loss
or labeled as disposable, and ordinarily intended
to be used and discarded within a week, such as
IV administration sets.
Statutory Authority G.S. 90-85. 3(e); 90-85.6.
Note: Existing Rules .2602 through .2607 will be
renumbered as .2603 through .2608.
.2605 RECORDS
All orders and records for devices shall conform
in all pertinent respects with Board Rules .2301
through .2305 of this Chapter. In addition to the
requirements of those rules, the serial numbers
for all devices dispensed to outpatients shall be
preserved as part of the records; provided, that
this requirement shall not apply to disposable
devices. Disposable devices and devices used for
administration of drugs are exempt from the re-
cord keeping provisions of this Section.
Statutory Authority G.S. 90-85. 3(e), (r); 90-85.6;
90-85.22; 90-85.26.
SECTION .2900 - PRODUCT SELECTION
.2901 REPACKAGED PHARMACEUTICALS
A prescription written for a drug product re-
sulting from repackaging of a specific generic
drug product by a distributor, repackager, or an-
other manufacturer, may be dispensed as an or-
der for either the specific generic drug product
or the repackaged product.
Statutory Authority G.S. 90-85.6; 90-85.21.
.2902 RETURN OF OUTDATED DRUGS
Adequate provisions for return of outdated
drugs both full and partial containers as provided
in G.S. 90-85. 28(a)(5) means that drugs can be
returned up to six months after the labeled expi-
ration date for prompt full credit or replacement.
6:4 NORTH CAROLINA REGISTER May 15, 1991
202
PROPOSED RULES
A finding by the Board that a manufacturer does
not meet this standard will cause that manufac-
turer's products to be ineligible for use in product
selection.
Statutory Authority
90-85. 28 (a)(5).
G.S.
90-85.6;
******************
iV otice is hereby given in accordance with G.S.
150B-12 that the N.C. State Board of Examiners
of Practicing Psychologists intends to amend
rule(s) cited as 21 h'CAC 54 .1701, .1703 - .1704,
.1802 - .1803, .1902 - .1904, .2001 - .2002, .2004,
.2101. .2103; and adopt rule(s) cited as 21 NCAC
54 .1706, .2006.
1 he proposed effective date of this action is Oc-
tober I. 1991.
1 he public hearing will be conducted at 4:00
p.m. on June 20, 1991 at the Holiday Inn, North,
Winston-Salem, N.C.
Co
omment Procedures: Requests to present
written or oral comments at the public hearing or
other comments not presented at the hearing
should be submitted in writing by June 17, 1991 ,
to the Board at the following address:
N.C. State Board of Examiners of Practicing
Psychologists
University Hall
Appalachian State University
Boone, NC 28608
CHAPTER 54 - BOARD OF PRACTICING
PSYCHOLOGISTS
SECTION .1700 - APPLICATION FOR
LICENSURE
.1701 INFORMATION REQUIRED
(a) The information required for each applicant
consists of:
(1) typed, or legibly printed, notarized appli-
cation form and application fee;
(2) official, graduate college transcripts sent
directly to the Board by the training
institutions(s);
(3) completed and acceptable information
forms from present and past supervisors;
(4) three completed and acceptable reference
l e tt e rs forms from professionals who are
familiar with the applicant's current work,
one of which is from a doctoral level psy-
chologist;
(5) evidence of being 18 years of age and of
good moral character;
(6) acceptable information forms sent directly
from other states and provinces in which
the applicant has applied for a license or
has been licensed, if applicable;
(7) official report of any previous score ob-
tained on the Examination for Profes-
sional Practice in Psychology sent directly
to the Board from the Professional Ex-
amination Service, if applicable; and
(8) additional documentation regarding edu-
cational credentials described in 21 NCAC
54 .1801(b) and (c| Practicing Psychol-
ogist Requirements as of June 30, 1987,
21 NCAC 54 .1802(b) Psychological As-
sociate, and 21 NCAC 54 .1803(b) Prac-
ticing Psychologist Requirements as of
July 1. 1989, if applicable.
J rt finnli,-ntii-\» 1 1 ■• 1 1 1 t1i\t \~. . 1 r. 11 1 I . n I Mfl Kl I * \-\ II Oaj *"/A
I l_ir U.1 ■L'ML'LlllUll TT 111 TT^TV 17V I U I It 1 fl L-^J l_' T 1 1 1\- UK 'II I \J
tf ali requested materials afe Hot- rocoivc - d within
««e v#af from $h» 4ate b( application. Whon
ouch is &<* case, a» applicant must totally reap
f4^r submitting all information again.
(b) . An application must contain all requested
materials to be complete. An incomplete appli-
cation is active for six months from the date of
application. At the end of such time, if still in-
complete, the application is void, and the appli-
cant must totally reapply.
Statutory Authority G.S.
90-270.9;
90-270.1 l(a),(b); 90-270.15; 150B-11(1).
.1703 TEMPORARY LICENSES
(d) A psychologist who meets all requirements
of G.S. 90-270.1 1(a) for licensing, except the two
years of acceptable and appropriate experience,
may be issued a temporary license. To upgrade
to permanent status, an application form must
be filed with the Board, final supervision re-
ports will be required from all psychologists
whose supervision time is not already docu-
mented in the applicant's file.
Statutory Authority G.S. 90-270.5; 90-270.9.
.1704 REVIEW PROCEDURE
(c) If the credentials are declared unacceptable,
the applicant is se- informed a«4 is given an ex-
planation of the areas which are considered defi-
cient and informed of his her right to an
administrative hearing.
(d) If, during the review of information sub-
mitted with an application, questions arise from
comments made in reference letters or supervisor
203
6:4 NORTH CAROLINA REGISTER May 15, 1991
PROPOSED RULES
reports which may pertain to the ethical behavior
or the moral character of the applicant, such
questions are dealt with in the following manner:
(1) An effort is made to clarify the particulars
of any allegations by correspondence or
telephone calls with the person who has
made the comments and /or with the ap-
plicant.
(2) If the questions are not resolved, the ap-
plicant ohall may be asked to appear be-
fore the Board for an interview.
(3) Following th« any interview, the Board
conducts a full discussion of the
allegations and determines by formal vote
whether the evidence is sufficient to deny
licensure.
(4) If licensure is denied, a gonoral an expla-
nation of the grounds on which the deci-
sion was made is given and the applicant
is informed of his/her right to an admin-
istrative hearing. 44*e applicant may
present additional written evidence »
support ef the application, moot pef-
Gonally with the Board to support further
the position taken, ©f request a cont e st e d
ease hoaring.
Statutory Authority G.S.
I50B-1I(1).
90-270.9: 90-270.15;
.1706 REAPPLICATION
To reapply, an applicant must again submit all
information listed in 21 NCAC 54 .1701 Infor-
mation Required and, if applicable, .1702 For-
eign Degree Application Policy. A reapplication
will be reviewed under the statutes and rules in
effect on the date of reapplication.
Statutory Authority G.S. 90-270.9; 150B-ll(l).
SECTION .1800 - EDUCATION
.1802 PSYCHOLOGICAL ASSOCIATE
(c) An applicant whose credentials have been
approved by the Board for examination at the
practicing psychologist level may be issued a li^
cense as a psychological associate if the applicant
fails an examination at the practicing psychol-
ogist level but passes such at the psychological
associate level. To receive this license, the ap-
plicant must make a written request to the Board
for licensure at the psychological associate level
within 30 days from the date on which the ap-
plicant is notified of his her examination score.
Statutory A uthority
90-270.4(a); 90-270.9;
90-270. 11(b)(3).
G.S. 90-270.2(f);
90-270.1 l(b)(l)c;
.1803 PRACTICING PSYCHOLOGIST
REQUIREMENTS AS OF JULY 1, 1989
(c) Two years of acceptable and appropriate
supervised experience is as defined in 2j_ NCAC
54 .2001 Supervisor, .2002 Nature of Supervision,
and .2004 Time Requirements.
Statutory Authority G.S. 90-270.2(a); 90-270.9;
90-270.11 (a) (l)c.
SECTION .1900 - EXAMINATION
.1902 REPORTING OF SCORES
Each applicant for licensure is informed in
writing of his/her score on the national and state
examinations. Those who have not passed are
informed that licensure is denied and of the poli-
cies regarding re-examination.
Statutory Authority G.S. 90-270.9.
.1903 RETAKING
An applicant who has not passed an examina-
tion is allowed to retake such on the next sched-
uled examination date upon paying payment of
the required examination fee. If an applicant fails
an examination twice, he/she must totally reap-
ply, submitting again all info nnat ion list e d m 34-
NCAC r4 .1701 Informatk m Required aft4r tf
applicable, .1702 Foroign Degree Application
Policy. The examination may be taken only for
licensure purposes.
Statutory Authority G.S. 90-270.9.
.1904 FAILURE TO APPEAR
If an applicant does not appear for an exam-
ination on the first scheduled examination date
following approval »f credentials, he- sh e may be
admitted to the sooond scheduled examination.
M the applicant foils to appear toF the second es-
amination, lioonsure is denied. U a» applicant to
which admitted by the Board, or does not appear
for reexamination on the first scheduled exam-
ination date following failure of an examination,
he/she may be admitted to the second scheduled
examination. U the applicant foils to appear toF
the second examination, licensure is denied.
When licensure is denied, the applicant must
totally reapply, submitting; auain all information
fote4 » 24- NCAC 54 4W Information Re-
quired afto? if applicable, . 1 702 Foreign Degree
Application Policy. The examination may be
tak e n only toF licensure purposes, must totally
reapply.
Statutory Authority G.S. 90-270.9.
6:4 NORTH CAROLINA REGISTER May 15, 1991
204
PROPOSED RULES
SECTION .2000 - SUPERVISION
.2001 SUPERVISOR
fa) A licensed practicing psychologist, pcrma
nont, w4Jl h% recognised as a» appropriate super
psychologist, temporary. ja addition, aay person
who Vr*? m a psychology position with taa Stat e
»f North Carolina aa December 34-r 1979, aaa
who a* >4+H sa employed, w41i ha recognized a»
appropriate supervisor fof aay psychological ae-
sociat e af practicing psychologist, temporary,
who is employed ay a state agency at depart
ment; provided that- such supervision a>r aaa! was
t+» December t*4t 1979, within tha psychologist's
r e gular j*4* description aa4 is only fof activities
which aa* pai4 ef tha regular duties aa4 respon
sibilities el tha supervisee within his ; hor r e gular
position. Being designated a* an- appropriate
supervisor faf other licensoos m aa way affects a
psychological associate's af practicing psych ol
o gist's, temporary, obligation ta comply them
selves with supervision requirements.
(a) The following individuals may be recog-
nized as an appropriate supervisor for any psy-
chological associate or practicing psychologist,
temporary:
( 1 ) a licensed practicing psychologist, perma-
nent,
(2) professionals other than psychologists, in
keeping with Rule .2005 in this Section;
(3) any person who was in a psychology po-
sition with the State of North Carolina on
December 31
1979,
who
still
employed, provided that such supervision
ijv and was on December 31. 1979, within
the psychologist's regular job description
and is only for activities which are part of
the regular duties and responsibilities of
the supervisee within his her regular posi-
tion at a state agency or department:
(4) a doctoral level licensed psychologist who
is licensed in the state or province where
the supervisee is practicing psychology;
or
(5) an individual who, although not licensed
as a psychologist, is_j in the opinion of the
Board, trained as a psychologist.
(b) 1 he Board may disapprove an otherwise
qualified supervisor for any psychological associ-
ate or practicing psychologist, temporary, if the
potential supervisor, m the opinion of the Board,
is not acceptable. Reasons tor which a proposed
supervisory relationship may be disapproved
shall include, but not be limited to:
( 1 ) evidence that the potential supervisor is
not competent or qualified to supervise
the supervisee;
(2) evidence that the supervisor has failed to
adhere to ethical standards;
(3) evidence that there is a lack of congruence
between the potential supervisor's train-
ing, experience, and area of practice and
the supervisee's proposed area(s) of prac-
tice; or
(4) the supervisor has an encumbered license.
(c) fa} It is the supervisor's responsibility to
provide the best possible professional guidance
which is mutually beneficial to both the
supervisee and to the public which he/she ulti-
mately serves. It is the supervisor who serves as
a primary professional guardian of the supervisee,
the profession, and the public. Supervisors are
to carefully assess their own ability to meet the
particular needs of potential supervisees. It is
expected that the professional expertise and ex-
perience of the supervisor will parallel the ex-
pected practice of the supervisee. Should there
be some areas in which the supervisor does not
feel so qualified, adjunct supervisors shall be
sought, although this additional supervision is, in
no way, to replace the overall responsibility of
the primary supervisor. Clear professional goals
shall be set by the supervisor and supervisee for,
and during, the period of supervision and these
goals must be evaluated on a regular basis.
(d) (a) In order to maintain the professional
nature of the supervision, a familial or strongly
personal relationship shall not exist between the
supervisor and supervisee, except in extra-
ordinary circumstances, such as the unavailability
of any other qualified supervisor. In such cases,
the Board may require documentation that no
other supervision is available and reference letters
from colleagues commenting on the appropriate-
ness of the proposed supervisory relationship.
Statutory A uthority
90-270.5(d); 90-270.9.
G.S.
90-270.2(f);
.2002 NATURE OF SUPERVISION
(c) The supervisee and his her supervisor arc
expected to determine jointly which cases, issues,
and techniques are most appropriate and neces-
sary for supervision, although both parties are
fully accountable tor all professional activities in
terms of adequate standards of care and adher-
ence to other relevant ethics principles. Specific
supervision is not mandated for each person
evaluated or treated, or for everv treatment,
evaluative technique, or professional activity
undertaken. Supervisors are not required to sign
or co-sign reports, treatment plans, letters, or
other clinical documents for which the supervisee
may be fully or in part responsible; neither is it
necessary that such clinical documents reflect the
105
6:4 NORTH CAROLINA REGISTER May 15, 1 99 1
PROPOSED RULES
supervisory process. Agencies are not, of course,
precluded from requiring supervisor signatures
or co-signatures.
Statutory Authority G.S. 90-270. 2(f);
90-270.5(d); 90-270.9.
.2004 TIME REQUIREMENTS
(a) Practicing Psychologist, Temporary. All
activities involving the practice of psychology are
subject to review by a supervisor.
(2) Permanent status requires at least two full
calendar years and 3100 hours of post-
doctoral supervised practice. Temporary
licensees are encouraged to meet this re-
quirement through full-time practice.
Full-time practice is credited based on the
number of weeks of actual practice.
Part-time practice is credited based on the
number of hours per week of actual prac-
tice. A maximum of 31 hours may be
credited for a week of actual practice. U
the required supervised experience is Ret-
accumulated wit lun twe foH calendar
years, a written request must be made fof
extension ef the temporary license. A-»
explanation must be provided te the
Board regarding t+te necessity fef oxten
sion. aft4 a statement provided indicating
the 4ate that the supervision wiH be com
pletod.
Statutory Authority G.S. 90-270. 2(f);
90-270.4(a2); 90-270.5(d); 90-270.9.
.2006 PSYCHOLOGICAL ASSOCIATE
ACTIVITIES
(a) Activities involving overall personality ap-
praisal or classification are subject to review by
a supervisor. Such appraisal and classification
requiring supervision is defined as any assessment
or evaluative technique (i.e., testing, observation,
interviewing, or reports of others) which leads to
conclusions, inferences, and hypotheses regarding
personality functioning. Included are all state-
ments relative to personality attributes, features,
traits, structure, dynamics, and pathology or as-
sets, whether or not these lead to a diagnosis or
diagnostic impression. Techniques include but
are not limited to the following: observation;
open-ended and structured interviewing; word
association tests; diagnostic play therapy;
autobiographical techniques; mental status ex-
aminations; and, the use of "projective" and
"objective" techniques. "Projective" techniques
include such instruments as the Rorschach, The-
matic Apperception Test, Tasks of Emotional
Development, the Children's Apperception Test,
the House-Tree-Person Technique, the Draw-A-
Person (when used to assess personality), Kinetic
Family Drawings, sentence completion tests, and
all similar tests. "Objective" personality tests
include the Minnesota Multiphasic Personality
Inventory, the Millon tests, the California Per-
sonality Inventory, the 16PF, the California Test
of Personality, and all other self-report invento-
ries and questionnaires, as well as scales and
check lists completed by others. The tests iden-
tified in this Rule as requiring supervision do not
constitute an exhaustive list, only the most com-
monly utilized measures.
(b) Neuropsychological evaluation requires
supervision.
(c) Not requiring supervision are
neuropsychological screening and interviewing
and observation which lead to simple behavioral
descriptions. Initial screening interviews which
may lead to referral for more extensive evaluation
or treatment do not require supervision. Also
not requiring supervision are adjective check lists,
behavior rating scales, and other rating devices
which may be completed by a variety of profes-
sional and non-professional observers and are
subsequently interpreted by other parties.
(d) Activities involving personality counseling
or personality readjustment techniques are sub-
ject to review by a supervisor. In determining
whether or not supervision is required, the fol-
lowing must be considered:
(1) the nature of the techniques to be used;
(2) the target behavior, attitude, affect, habit,
or other personality attribute or feature to
be acquired or modified; and
(3) the population which is treated or ad-
dressed.
(e) Supervision is required for activities if any
one of the following is met:
(1) techniques: Those requiring supervision,
whether utilized by the psychological As-
sociate or those supervised by him her,
include but are not limited to
psychotherapy, group therapies,
therapeutic counseling or therapeutic
interviewing, and hypnotherapeutic pro-
cedures. Also included are behavior
management and behavior modification
techniques which utilize punishment
(negative reinforcers, aversive stimulation,
and, in some instances, the withdrawal of
positive reinforcers), extended "time out"
(beyond several minutes), seclusion (in
which a client is locked in a room or oth-
erwise prevented from leaving), and all
physical restraint. Also included are any
other techniques which are physically in-
trusive, are restrictive of basic human
6:4 NORTH CAROLINA REGISTER May 15, 1991
206
PROPOSED RULES
rights, or are experimental in nature in
which the efficacy and degree of risk are
unknown. Biofeedback techniques, how-
ever, do not require supervision;
(2) target behaviors or symptoms: These in-
clude behaviors, attitudes, affects, habits,
or other personality attributes or features,
which, when addressed either directly with
the person or in consultation, include ac-
tivity which is actually or is potentially
maladaptive or harmful to the person,
others, or the physical environment.
These include but are not limited to: ad-
justment difficulties; attention deficit;
hyperactivity; impulsivity; sexual difficul-
ties; aggression; somatization; anxiety;
self-injurious behavior; substance use;
antisocial behavior; conduct disturbances;
elimination and eating disturbances; de-
pression or other deviant mood; psychotic
activity; interpersonal difficulty; and, any
other seriously self-defeating or self-
compromising behavior. Supervision is
required regardless of whether the behav-
ior or symptoms meet the criteria for
formal diagnosis; and
(3) clinical populations: All interventions
with clinical populations require super-
vision. These are comprised of persons
with discernible mental, behavioral, emo-
tional, psychological, and psychiatric dis-
orders as evidenced by an established Axis
I or Axis II diagnosis or V Code condition
in the then current DSM, and all persons
meeting the criteria for such diagnoses.
Not included, however, would be persons
with mental retardation diagnoses or spe-
cific developmental disorders (learning
disabilities) when the psychological asso-
ciate's interventions are in the domain of
cognition rather than personality, and
when there is no accompanying behavior
or personality disorder. Not requiring
supervision are techniques designed to
stop or reduce cigarette smoking in other-
wise non-clinical populations. Any per-
son who carries a diagnosis from an
alternative nosology (e.g., GAP or ICD),
or is a Willie M. Class member, or quali-
fies for an educational placement based
on an emotional or behavioral condition,
or meets the diagnostic criteria from DSM
or any of the above, whether established
or not, is considered to be a member of a
clinical population. Most persons in
outpatient psychiatric or psychological
treatment and many children with juvenile
court involvement would thus be in-
cluded. Supervision is required for a psy-
chological associate who provides clinical
supervision to other service providers who
are engaged in activities which would re-
quire supervision if directly provided by
the psychological associate,
(f) Psychological associates may use non-
therapy, non-punitive, non-intrusive, non-
experimental techniques without supervision to
teach or facilitate new behaviors in the absence
of maladaptive behavior or psychopathological
conditions.
Statutory Authority G.S. 90-270.2(f); 90-270.9.
SECTION .2100 - RENEWAL
.2101 LICENSE RENEWAL FORM
(a) The license renewal application form is
mailed to each licensee in the fall of each year.
It is a licensee's responsibility to renew his her
Irviw in a ti meK m. tinier, and to notih the
Board if a renewal application form is not re-
ceived.
(b) J» addition te the request fof current ad-
dresses, the form requires The form may require
the licensee to supply the following information
including, but not limited to, the following:
current addresses; area of specialty; principal set-
ting of practice; whether or not the licensee re-
ceived any formal continuing education during
the past year; report on all supervision contract
forms on file with the Board if licensed at the
psychological associate or practicing psychol-
ogist, temporary, level.
(c) Failure of a postal service to deliver the re-
newal application properly, or failure of a
licensee to submit all required information on the
appropriate form bv anv established statutory'
deadline, does not excuse the late fee or prevent
license suspension.
Statutory' Authority G.S. 90-270.9; 90-270.14;
I50B-11(1).
.2103 REINSTATEMENT
(a) The information required for each applicant
requesting reinstatement alter a license has been
suspended due to non-renewal &f aftet a practic
me psychologist, temporary, licens e ha* expired
consists of:
(1) typed, or legibly printed, notarized appli-
cation form;
(2) completed and acceptable information
forms from aM present and past supervi-
sors; since the lic e ns e w» suspended e*
expired:
20:
6:4 NORTH CAROLINA REGISTER May 15, 1991
PROPOSED RULES
(3) three completed and acceptable current
prof e ssional reference l e tters, forms from
professionals who are familiar with the
applicant's current work, one of which is
from a doctoral level psychologist;
(4) acceptable information forms sent directly
from other states and provinces in which
with the (5)
the applicant has applied for a license or
has been licensed, if applicable; and
official graduate college transcripts, not on
file in the Board's office, sent directly to
the Board by the training institution(s).
Statutory Authority G.S. 90-270.9; 90-270.15.
6:4 NORTH CAROLINA REGISTER May 15, 1991
208
FINAL RULES
1 he List of Rules Codified is a listing of rules that were filed to be effective in the month indicated.
lKules filed for publication in the NCAC may not be identical to the proposed text published pre-
viously in the Register. Rules filed with changes are noted with ** Amended, ** Adopted. Please
contact this office if you have any questions.
/xdopted rules filed by the Departments of Correction. Revenue and Transportation are published
in this section. These departments are not subject to the provisions ofG.S. J SOB, Article 2 requiring
publication in the N.C. Register of proposed rules.
U pon request from the adopting agency, the text of rules will be published in this section.
lunctuation, typographical and technical changes to rules are incorporated into the List of Rules
Codified and are noted as * Correction. These changes do not change the effective date of the rule.
TITLE 5 - DEPARTMENT OF CORRECTION
CHAPTER 2 - DIVISION OF PRISONS
SUBCHAPTER 2F - CUSTODY AND SECURITY
SECTION .2500 - SMOKING - NO SMOKING
.2502 PROCEDURE
(a) Responsibility:
(1) The Correctional Center Superintendent and or Area Administrator or Institution Head, pur-
suant to this policy, should establish smoking no smoking areas within the facility.
(2) The Superintendent or Institution Head should incorporate the smoking no smoking desig-
nations in the facility's Standard Operating Procedures.
lb) Designation of No Smoking .Areas. Smoking is prohibited in the following locations:
( 1 ) Hazardous Areas: These areas include any location which has or may have flammable liquids,
gases or vapors, as well as any area where there is a collection of readily combustible materials.
.Any questions about such designation should be referred to the Division's Safety Officer.
(2) Elevators.
(3) Health Care Facilities: These areas include clinical treatment areas, i.e. operating rooms, ex-
amining rooms, nursing stations, x-ray suites. Smoking in other areas of health care facilities is
restricted to private offices and other non-clinical areas designated by the Health Treatment
Administrator or Nursing Supervisor.
(4) Food Preparation and Serving Areas: These areas include sections of the kitchen where and
when food is being prepared and or served.
(5) Vehicles: This prohibition applies when inmates are being transported and when the vehicle is
being fueled and or serviced.
(o Designation of Restricted Smoking Areas:
(1) Restrictions may include designated smoking and no smoking areas in each specific location
within the facility. Prior to designating smoking no smoking areas, the Superintendent or In-
stitution Head should review the physical layout of the facility and the existence of ventilation
in a particular location within the facility.
209 6:4 XORTH CAROLISA REGISTER May 15, 1991
FINAL RULES
(2) The designation of restricted smoking areas will be established in the following locations, except
as authorized by the Superintendent or Institution Head for a designated use and/or time:
(A) Dining facilities;
(B) Classrooms;
(C) Libraries;
(D) Dormitories;
(E) Single Cell Buildings;
(F) Gyms;
(G) Recreation Buildings;
(H) Auditoriums;
(I) Chapels.
(3) Smoking restrictions in prison enterprise operations should be determined by safety issues, the
nature of the specific operation, and the physical environment of the operation.
(4) The Superintendent or Institution Head should consider establishing smoking/no smoking areas
in any other location within the facility not previously specified.
History Note: Statutory Authority G.S. 148-1 1;
Eff. April 1, 1991;
Amended Eff. June 1, 1991.
.2503 NOTICE
(a) No Smoking Areas. "No Smoking" signs should be placed in areas where smoking is prohibited
or restricted.
(b) Smoking Areas. "Smoking" signs should be placed in areas where smoking is permitted. Areas
where smoking is permitted should have an adequate number of non-combustible ashtrays.
History Note: Statutory Authority G.S. 148-1 1;
Eff. April 1, 1991;
Amended Eff. June 1, 1991.
TITLE 17 - DEPARTMENT OF REVENUE
CHAPTER 1 1 - PROPERTY TAX COMMISSION
SECTION .0100 - ORGANIZATION OF COMMISSION
.0101 LOCATION
The Property Tax Commission is located in the Williams-Cross Building at the intersection of
Hillsborough Street and Boylan Avenue in Raleigh, North Carolina. The mailing address of the
Commission is: 706 Hillsborough Street, Raleigh, N. C. 27603.
History Note: Statutory Authority G.S. 105-288; 105-290; 143B-217 to 143B-225;
Eff. February 1, 1976;
Amended Eff. June 1, 1991.
.0102 GENERAL PURPOSE
History Note: Statutory Authority G.S. 105-288; 143B-217 to I43B-225;
143B-10;
Eff. February I, 1976;
Repealed Eff June 1, 1991.
.0103 COMMISSION ORGANIZATION
The Property Tax Commission consists of five members including a chairman who is designated by
the Governor and a vice-chairman elected by the members. The Governor appoints three of the
6:4 NORTH CAROLINA REGISTER May 15, 1991 210
FINAL RULES
members and the General Assembly appoints two. Of the members appointed by the General As-
sembly, one is recommended by the Speaker of the House and one is recommended by the President
of the Senate. The member appoint on the recommendation of the Speaker of the House is appointed
for a two year term; all other members are appointed for a four year term. The Director of the Property
Tax Division serves as Secretary for the Commission and the employees of the Ad Valorem Tax Section
serve as its staff to investigate appeals and perform other duties as requested by the Commission.
History Sole: Statutory Authority G.S. 143B-217 to 143B-225;
Eff. February 1, 1976;
Amended Eff. June 1. 1991.
SECTION .0200 - APPEALS TO PROPERTY TAX COMMISSION
.0201 WHO MAY APPEAL
Any person having an ownership interest in property subject to taxation within a taxing jurisdiction
may appeal; however, this provision shall not be construed as giving any person a right to represent the
interest of another person. Representation of a party in a proceeding before the Property Tax Com-
mission constitutes the practice of law.
History Note: Statutory Authority G.S. 84-4; 105-290; 143B-222;
Eff. February 1, 1976;
Amended Eff June 1, 1991.
.0202 WHEN APPEALS MAY BE TAKEN
A taxpayer who is dissatisfied with a decision concerning the listing, appraisal, or assessment of
property made by a board of county Commissioners, a board of equalization and reveiw, or (in the case
of public service companies) the Department of Revenue may appeal to the Property Tax Commission.
History Sole: Statutory Authority G.S. 105-2SS; 105-290:
Eff. February 1, 1976;
Amended Eff June 1, 1991.
.0203 APPEALS EROM LISTING, APPRAISAL, OR ASSESSMENT DECISIONS
.0204 APPEALS EROM ADOPTION OF SCHEDULES, STANDARDS AND RULES
Historv Note: Statutory Authority G.S. I05-290(b),(c);
Eff. February 1. 1976;
Repealed Eff June 1. 1991.
.0205 NOTICE OF APPEAL
A notice of appeal to the Commission shall be in writing, and shall state the grounds for the appeal.
The notice of appeal should be signed by the property owner or his attorney. Non-attomey "tax rep-
resentatives" may sign a notice of appeal on behalf of the property owner provided a signed and nota-
rized power of attorney or other properly executed authorization to represent the property owner is filed
with the notice. A power of attorney form is available from the Commission. A copy of the notice
of appeal should be sent to the county assessor.
History Sole: Statutory Authority G.S. 105-290; I43B-222;
Eff. February I, 1976;
Amended Eff June 1, 1991.
.0206 WHO SHALL HEAR THE APPEAL
History Note: Statutory Authority G.S. 105-290(b);
Eff. February 1, 1976;
Repealed Eff. June 1. 1991.
211 6:4 NORTH CAROLINA REGISTER May 15, 1991
FINAL RULES
.0207 PLACE OF HEARING
AH hearings before the Commission will be held in Raleigh, North Carolina unless the Commission
designates another location.
History Note: Statutory Authority G.S. 105-290; 143B-222;
Eff. February 1, 1976;
Amended Eff. June 1, 1991.
.0208 PRE-HEARFNG CONFERENCE
In any appeal, the Commission or the staff of the Commission may hold a conference in advance of
the hearing for the purpose of simplifying the issues, stipulating certain facts or findings, and discussing
any other matters which will help to expedite the appeal.
History Note: Statutory Authority G.S. 105-291; 143B-222;
Eff. February 1, 1976;
Amended Eff June 1, 1991.
.0209 CONDUCT OF HEARFNG
The hearing before the Commission is a formal adversarial proceeding conducted under the rules of
evidence as applied in the Trial Division of the General Courts of Justice. The North Carolina Rules
of Civil Procedure do not apply to proceedings before the Commission.
History Note: Statutory Authority G.S. 1A-1; 105-290; 143B-222;
Eff. February 1. 1976;
Amended Eff. June 1, 1991.
.0210 VALUATION IS FLNAL AND CONCLUSIVE
History Note: Statutory Authority G.S. 105-290;
Eff. February I, 1976;
Repealed Eff June I, 1991.
.0211 JUDICIAL REVIEW
No party aggrieved by a final decision or order of the Commission may appeal unless within 30 days
after the entry of such decision or order the party shall file with the Commission a notice of appeal and
exceptions which sets forth specifically the ground or grounds upon which the aggrieved party considers
said decision or order to be unlawful, unjust, unreasonable, or unwarranted. Trie notice of appeal shall
clearly state the errors alleged to have been committed by the Commission.
History Note: Statutory Authority G.S. 105-345;
Eff. February 1, 1976;
Amended Eff. June 1, 1991.
.0212 APPEALS ACKNOWLEDGED AND REPLIES THERETO PERMITTED
(a) Notices of appeal to the Commission will be acknowledged in writing and an application for
hearing will be mailed to the appellant. A copy of the letter of acknowledgement will also be mailed
to the county assessor and to the county attorney.
(b) Unless an extension has been requested and granted, the application for hearing must be filed
within 30 days of the date of the letter of acknowledgment or the appeal may be dismissed. A copy
of the completed application for hearing must also be sent to the county attorney at the same time.
(c) The county attorney will be allowed 20 days from the receipt of the completed application for
hearing to file a written Answer to the appeal. A copy of the Answer shall be sent to the appellant at
the same time. The county's failure to file an Answer, however, shall not constitute a waiver of the
county's rights nor an admission of the appellant's allegations.
History Note: Statutory Authority G.S. 143B-222;
Eff. June 1, 1982;
Amended Eff. June 1, 1991.
6:4 NORTH CAROLINA REGISTER May 15, 1 991 212
FINAL RULES
.0215 PARTIES FURNISHED NOTICE OF PROPOSED HEARING DATE
Approximately 50 days before the scheduled dates of a hearing, the Secretary of the Commission will
establish a proposed hearing calendar of appeals to be heard and will mail to each of the affected parties
a notice setting out the proposed dates of the hearing. Any party objecting to the proposed dates must
notify the Secretary in writing within 10 days of the mailing of the notice, and shall set forth the specific
objections in the form of a motion to continue. The Secretary shall rule on motions to continue timely
made.
History Sole: Statutory Authority G.S. 105-290; 143B-222;
Eff. June 1, 1982;
Amended Eff. June 1. 1991.
.0217 APPEARANCE AT HEARING REQUIRED
(a) In order to pursue an appeal, the appellant must either appear at the scheduled hearing or be re-
presented at the hearing by an attorney at law. Attorneys at law not authorized to practice in North
Carolina must comply with the provisions of G.S. 84-4.1, which requires that a North Carolina attor-
ney appear with the out-of-state attorney at the hearing.
(b) If no continuance has been granted, the failure of the appellant or his attorney to appear at the
scheduled time and date for hearing is grounds for dismissal of the appellant's appeal. The Commission
may dismiss the appeal on motion of the opposing party or on its own motion.
(c) If the appellant is a trust, a trustee may appear for the trust; if the appellant is a partnership, a
general partner may appear for the partnership. A family member may not represent another family
member; an attorney-in-fact may not represent grantor of the power of attorney.
History Note: Statutory Authority G.S. S4-4; S4-4.1; 143B-222;
Eff. June 1, 1991. '
.0218 DISCOVERY
(a) Discovery methods are means designed to assist parties in preparing to meet their responsibilities
and protect their rights during hearing without unduly delaying, burdening, or complicating the hearings
process and with due regard to the rights and responsibilities of other parties and persons affected.
Accordingly, parties are obliged to exhaust all less formal opportunities to obtain discoverable material
before utilizing this Rule.
(b) Any means of discovery available pursuant to the North Carolina Rules of Civil Procedure, G.S.
1A-1, is allowed. If the party from whom discovery is sought objects to the discovery, the party seeking
the discovery may file a motion with the Commission to obtain an order compelling discovery. In the
disposition of the motion, the party seeking the discovery shall have the burden of showing that the
discovery is needed for the proper presentation of the party's case, is not for purposes of delay, and that
the issues in controversy are significant enough to warrant the discovery. In ruling on a motion for
discovery, the Commission shall recognize all privileges recognized at law.
History Note: Statutory Authority G.S. 143B-222;
Eff. June 1. 1991.
.0219 COMMISSION STAFF NOT TO BE CALLED AS WITNESSES
No member of the staff of the Commission may be called as a witness in a proceeding before the
Commission unless the Commission shall first find that the testimony of a staff member is necessary
to prevent manifest injustice to a party.
History Note: Statutory Authority G.S. 143B-222;
Eff. June I, 1991.
TITLE 19A - DEPARTMENT OF TRANSPORTATION
CHAPTER 3 - DIVISION OF MOTOR VEHICLES
'13 6:4 NORTH CAROLINA REGISTER May 15, 1991
FINAL RULES
SUBCHAPTER 3D - LICENSE AND THEFT SECTION
SECTION .0800 - SAFETY RULES AND REGULATIONS
.0801 SAFETY OF OPERATION AND EQUIPMENT
(a) The rules and regulations adopted by the U.S. Department of Transportation relating to safety
of operation and equipment (49 CFR Parts 390-398 and amendments thereto) shall apply to all for-hire
motor carrier vehicles, whether common carriers, contract carriers or exempt carriers and all private
motor carriers, while engaged in interstate commerce over the highways of the State of North Carolina.
(b) The rules and regulations adopted by the U.S. Department of Transportation relating to safety
of operation and equipment (49 CFR Parts 390-398 and amendments thereto) shall apply to all for-hire
motor carrier vehicles, whether common carriers, contract carriers or exempt carriers and all private
motor carrier vehicles engaged in intrastate commerce over the highways of the State of North Carolina
if such vehicles have a GVWR of greater than 26,000 pounds; are designed to transport 16 or more
passengers, including the driver; or transport hazardous materials required to be placarded pursuant to
49 CFR 170-190. Provided, the following exceptions shall also apply to all intrastate motor carriers:
(1) 49 CFR 396.17 shall not apply to vehicles operated by farmers or their employees solely within
North Carolina.
(2) An intrastate motor carrier driver may not drive more than 12 hours following eight consecutive
hours off duty; or for any period after having been on duty 16 hours following eight consecutive
hours off duty; or after having been on duty 70 hours in seven consecutive days; or more than
80 hours in eight consecutive days. An intrastate driver will be determined by his previous seven
days of operation.
(3) Persons who otherwise quality medically to operate a commercial motor vehicle within the State
of North Carolina will be exempt from provisions of Part 391.11(b)(1) and Part 391.41(b)(1)
through (11) and therefore will be authorized for intrastate operation if licensed prior to March
30, 1992, are approved by an Exemption Review Officer appointed by the Commissioner of
Motor Vehicles and meet all other requirements of this Section. These drivers shall continue
to be exempt upon completion of a biennial medical examination indicating the condition has
not worsened or no new disqualifying conditions have been diagnosed and upon continued ap-
proval of an Exemption Review Officer.
History Note: Statutory Authority G.S. 20-384;
Eff. December 1, 1983;
Amended Eff. June 1, 1991; November 1, 1990;
September I. 1990; N member 1, 1988.
6:4 NORTH CAROLINA REGISTER May 15, 1991 214
FINAL RULES
NORTH CAROLINA ADMINISTRATIVE CODE
LIST OF RULES CODIFIED
MAY 1991
AGENCY
DEPARTMENT OF AGRICULTURE
ACTION TAKEN
2 NCAC 9L .0506 Amended
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
4 NCAC 3G
.0001 - .0003
Repealed
.0104
Adopted
.0201
Adopted
.0202
** Adopted
.0301
** Adopted
.0302 - .0303
Adopted
.0401 - .0403
Adopted
.0501
** Adopted
.0503 - .0504
Adopted
"
.0101 - .0105
Repealed
.0201 - .0206
Repealed
.0301 -.0305
Repealed
.0501 -\0503
Repealed
.0510
Repealed
.0517 - .0520
Repealed
12C
.0005 - .0006
** Amended
19R
.0101
Adopted
.0102 - .0103
** Adopted
.0201 - .0202
Adopted
.0301 - .0302
Adopted
.0303 - .0304
** Adopted
.0305
Adopted
.0401
Adopted
.0402
** Adopted
.0501
Adopted
.0502
** Adopted
.0503 - .0505
Adopted
.0601
Adopted
.0602
** Adopted
.0603 - .0604
Adopted
DEPARTMENT OF CORRECTION
5 NCAC 2B
.0301
Amended
OFFICES OF THE GOVERNOR/LIEUTENANT GOVERNOR
9 NCAC 2B
Executive Order Number 135
Eff. March 19.
1991
Executive Order Number 136
Eff. March 20,
1991
Executive Order Number 137
Eff. March 22,
1991
275
6:4 NORTH CAROLINA REGISTER May 15, 1991
FINAL RULES
Executive Order Number 138
Eff. March 28, 1991
DEPARTMENT OF HUMAN RESOURCES
10 NCAC 3R
.2801 - .2809 ** Adopted
3U
.0511 * Correction
14K
.0325 Repealed
.0408 Amended
20F
.0501 Adopted
.0502 - .0503 ♦* Adopted
.0504 Adopted
.0505 -.05 10 ** Adopted
26H
.0202 Temp. Amended
Expires 09-30-91
.0204 Temp. Amended
Expires 09-30-91
.0206 Temp. Amended
Expires 09-30-91
42C
.3301 Amended
42D
.1401 Amended
DEPARTMENT OF INSURANCE
11 NCAC 14
.0308 ** Adopted
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
15A NCAC 7H
.0208 ** Amended
8A
.0101 - .0102 ++ Amended
.0202 + * Amended
SB
.0108 - .0109 Amended
.0201 Amended
.0202 - .0205 ** Amended
.0302 Amended
.0303 Amended
.0404 - .0405 ** Amended
8C
.0002 ** Amended
.0004 +* Amended
8D
.0004 ** Amended
.0005 - .0006 Amended
10H
.0807 ** Amended
13A
.0009 - .0010 Amended
.0015 Repealed
.00 16 -.00 17 * Correction
16A
.0801 Adopted
.0802 ** Adopted
.0803 Adopted
.0804 ** Adopted
.0805 Adopted
.0806 ♦+ Adopted
.0807 -.08 10 Adopted
18A
.1957 ++ Amended
.2501 - .2507 Repealed
.2508 Adopted
.2509 ** Adopted
.25 10 -.25 11 Adopted
.2512 ** Adopted
.2513 Adopted
6:4 NORTH CAROLINA REGISTER May 15, 1991
216
FINAL RULES
.2514-
.2515
.2516-
.2519
.2520
.2521 -
.2535
.2536
.2601
.2604-
.2605
.2607
.2608
.2609
.2610
.2612
.2613
.2614-
.2615
.2617
.2619
.2623 -
.2628
.2629
.2630
.2631
.2632 -
.2634
.2635
.2637
.2638
.2640
.2641
.2701
.2702
.2704 -
.2705
.2706
.2708
.2710
.2712
.2714
.2716
.2718
.2720
.2722
.2723
.2724
.2725
.2901
19A .0102
.0201
19H .0601
.1001
.1301
21 D .0706
24A .0303
DEPARTMENT OF EDI CATION
16 NCAC 6C .0205
.0310
6H .0010
N.C. AlCTIONEERS COMMISSION
21 NCAC 4B .0201
** Adopted
** Adopted
Adopted
** Adopted
Adopted
** Amended
** Amended
** Amended
** Amended
Amended
** Amended
** Amended
Amended
** Amended
** Amended
** Amended
** Amended
Amended
** Amended
Amended
** Amended
Amended
** Amended
Amended
** Amended
Amended
** Amended
.Amended
** Amended
.Amended
Amended
** Amended
/Amended
** Amended
/Amended
** Amended
** Amended
** Amended
/Amended
** Amended
Amended
** Adopted
** Amended
** Amended
Amended
** Amended
Amended
/Amended
.Amended
** Amended
** Amended
** .Amended
** Amended
217
6:4 NORTH CAROLINA REGISTER May 15, 1991
FINAL RULES
.0302 - .0303
.0403
.0603
BOARD OF CPA EXAMINERS
21 NCAC 8F .0105
BOARD OF COSMETIC ART EXAMINERS
21 NCAC 14A .0101
14G .0003
.0007
141 .0103
.0109
14L .0101
BOARD OF DENTAL EXAMINERS
21
NCAC
16A .0001
.0004
16B .0101
.0307
.0315
16C .0306
161 .0004
16J .0003
Eff. June 1, 1991
Amended
Eff. June 1, 1991
** Amended
Eff. June 1, 1991
** Adopted
Eff. June 1, 1991
* Correction
** Amended
** Amended
** Amended
** Amended
** Amended
** Amended
Amended
Amended
Amended
Amended
** Amended
■Amended
Amended
** Amended
BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS
21
NCAC
37
.0603
.0606
Amended
Amended
N.C. REAL ESTATE COMMISSION
21
NCAC
58C .0302
58D.0201
OFFICE OF STATE PERSONNEI
Temp. Amended
Expires 10-02-91
Temp. Amended
Expires 10-02-91
25
NCAC
1L .0202
.0203
** Amended
** Amended
6:4 NORTH CAROLINA REGISTER May 15, 1991
218
ARRC OBJECTIONS
1 he Administrative Rules Review Commission (ARRC) objected to the following rules in accord-
ance with G.S. 143B-30.2(c). State agencies are required to respond to ARRC as provided in G.S.
l43B-30.2(d).
ARRC Objection 3/ 2 1/91
ARRC Objection 3/21/9/
ARRC Objection 3/21/91
ARRC Objection
ARRC Objection
Obj. Removed
ARRC Objection
Obj. Removed
ARRC Objection
Obj. Removed
2/25/91
3/21/91
2/25/91
3/21/91
2/25/91
3/21/91
2/25/91
3/21/91
ECONOMIC AND COMMUNITY DEVELOPMENT
Banking Commission
4 NCAC 3G .0203 - Expiration and Renewal
4 XCAC 3G .0502 - Annual Report
4 XCAC 3G .0601 - Revocation or Suspension; Hearings
Community Assistance
4 NCAC I9R .0103 - Waivers
Agency Withdrew Rule
4 NCAC 19R .0303 - Distribution of Funds
Agency Revised Rule
4 NCAC 19R .0304 - Reallocation
Agency Revised Rule
4 NCAC 19R .0602 - Reporting
Agency Revised Rule
Energy
4 NCAC I2C .0005 - Forms
Agency Revised Rule
4 NCAC 12C .0006 - Scope and Purpose of State Set- A side
Agency Revised Rule
I lazardous Waste Management Commission
4 NCAC 18 .0309 - Final Site
Agency Returned Rule Unchanged
EDUCATION
Elementary' and Secondary Education
16 NCAC6C .0205 - Teacher Education Program State Review Standards ARRC Objection 3; 21, 91
Agency Revised Rule Obj. Removed 3/21/91
16 NCAC6C .0310 - Standard Examinations ARRC Objection 3/21/91
Agency Revised Rule Obj. Removed 3/21/91
16 NCAC6H .0010 - Special Education Due Process Procedures ARRC Objection 3/21 91
Agency Revised Rule Obj. Removed 3:21,91
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
Adult Health
ARRC Objection 2/25/91
Obj. Removed 3,121/91
ARRC Objection 2/25/91
Obj. Removed 3/21/91
ARRC Objection 1/18/91
No Action 2/25/91
15 A NCAC 16A .0804 - Financial Eligibility
No Response from Agency
Agency Responded
ARRC Objection 1/18,91
2/25/91
No Action 3/21/91
219
6:4 NORTH CAROLINA REGISTER May 15, 1991
ARRC OBJECTIONS
ISA NCAC 16A .0806 - Billing the HIV Health Services Program
No Response from Agency
Agency Responded
Coastal Management
15 A NCAC 7 J .0409 - Civil Penalties
Agency Returned Rule Unchanged
15A NCAC 7 J .1109 - Permit Fee
Agency Withdrew Rule
Environmental Health
ARRC Objection 1 1 18191
2/25/91
No Action 3/21/91
ARRC Objection 1/18/91
No Action 2/25/91
ARRC Objection 1/18/91
2/25/91
ISA NCAC 18 A .2515 ■
Design Details
ARRC Objection
3/21/91
Agency Revised Rule
Obj. Removed
3/21/91
15A NCAC 18A .2516-
Pool Profile
ARRC Objection
3/ 21/91
Agency Revised Rule
Obj. Removed
3/21/91
ISA NCAC ISA .2517 ■
Diving Equipment
ARRC Objection
3/21/91
Agency Revised Rule
Obj. Removed
3/21/91
ISA NCAC 18A .2519-
Filters
ARRC Objection
3/21/91
Agency Revised Rule
Obj. Removed
3/21/91
15 A NCAC I8A .2523-
Depth Markings and Safety Ropes
ARRC Objection
3/21/91
Agency Revised Rule
Obj. Removed
3/21/91
ISA NCAC ISA .2529-
User Loading
ARRC Objection
3/21/91
Agency Revised Rule
Obj. Removed
3/21/91
ISA NCAC ISA .2534-
Chemical Storage
ARRC Objection
3/21/91
Agency Revised Rule
Obj. Removed
3/21/91
ISA NCAC ISA .2535 -
Water Quality Standards
ARRC Objection
3/21/91
Agency Revised Rule
Obj. Removed
3/21/91
ISA NCAC ISA .2537 -
Appeals
ARRC Objection
3/21/91
15A NCAC 18A .2614-
Outdoor Dining
ARRC Objection
3/21/91
Agency Revised Rule
Obj. Removed
3/21/91
ISA NCAC 18 A .2618 -
Cleaning of Equipment and Utensils
ARRC Objection
3/21/91
ISA NCAC ISA .2711 -
Toilet Facilities
ARRC Objection
3/21/91
ISA NCAC 18 A .2901 -
Disbursement of Funds
ARRC Objection
3/21/91
Agency Revised Rule
Obj. Removed
3/21/91
Solid Waste Management
ISA NCAC 13A .0016 -
Special Purpose Com Hazardous Waste Facility
ARRC Objection
2/25:91
Agency Responded
Obj. Removed
3/21/91
ISA NCAC J3A .0017 -
Fee Schedules
ARRC Objection
2/25/91
Agency Responded
Obj. Removed
3/21/91
Wildlife Resources Commission
ISA NCAC 10H .0807 - Classes of Permits
Agency Revised Rule
VVTP Operators Certification Commission
15 A NCAC SB .0404 - Temporary Certification
Agency Revised Rule
HUMAN RESOURCES
Individual and Family Support
ARRC Objection 2/25/91
Obj. Removed 3/21/91
ARRC Objection 3/21/91
Obj. Removed 3/21/91
6:4 NORTH CAROLINA REGISTER May 15, 1991
220
ARRC OBJECTIONS
10 NCAC42B .1201 - Personnel Requirements
No Response from Agency
Agency Returned Rule Unchanged
10 NCAC 42C .2001 - Qualifications of Administrator
No Response from Agency
Agency Returned Rule Unchanged
10 NCAC 42C .2002 - Qualifications of Supervisor-in-Charge
No Response from Agency
Agency Returned Rule Unchanged
10 NCAC 42C .2006 - Qualifications of Activities Coordinator
No Response from Agency
Agency Returned Rule Unchanged
JO NCAC 42C .3301 - Existing Building
Agency Returned Rule Unchanged
JO NCAC 42D .1401 - Qualifications of Administrator/Co-Administrator
Agency Returned Rule Unchanged
Sendees for the Deaf
ARRC Objection
No Action
ARRC Objection
No Action
ARRC Objection
No Action
ARRC Objection
No Action
ARRC Objection
No Action
ARRC Objection
No Action
1118191
2/25/91
3/21/91
1/18/91
2/25/91
3/21/91
1/18/91
2/25/91
3/21/91
1/18/91
2/25/91
3/21/91
11/14/90
12/20/90
11/14/90
12/20/90
10 NCAC 20F .0502 - Definitions
Agency Revised Rule
10 NCAC 20F .0506 - Classification
Agency Revised Rule
LICENSING BOARDS AND COMMISSIONS
ARRC Objection 3/21/91
Obj. Removed 3/21/91
ARRC Objection 3/21/91
Obj. Removed 3/21/91
Auctioneer's Commission
21 NCAC 4B .0602 - Advertising
CPA Examiners
ARRC Objection 3/21/91
21 NCAC8M .0306 - Due Professional Care
Agency Withdrew Rule
Cosmetic Art Examiners
21 NCAC 14.4 .0/0/ - Definitions
Agency Revised Rule
2/ NCAC 14G .0003 - Space Requirements
Agency Revised Rule
2/ NCAC I4G .0007 - Equipment and Teachers
Agency Revised Rule
21 NCAC 141 .0103 - Inspections and Reports of Student Hours
Agency Revised Rule
21 NCAC 141 .0109 - Summary of Cosmetic Art Education
Agency Revised Rule
21 NCAC 141 .0302 - Library
Agency Responded
21 NCAC I4L .0101 - Qualifications - Cosmetologist Teachers
Agency Revised Rule
21 NCAC 14L .0210 - Effect on Student-Teacher Ratio
Agency Responded
Dental Examiners
ARRC Objection 2/25/91
3/21/91
ARRC Objection 2/25/91
Obj. Removed 3/21/91
ARRC Objection 2/25/91
Obj. Removed 3/21/91
ARRC Objection 2/25/91
Obj. Removed 3/21/91
ARRC Objection 2125/91
Obj. Removed 3/21/91
ARRC Objection 2/25/91
Obj. Removed 3/21/91
ARRC Objection 2/25/91
No Action 3/21/91
ARRC Objection 2/25/91
Obj. Removed 3/21/91
ARRC Objection 2/25/91
No Action 3/21/91
221
6:4 NORTH CAROLINA REGISTER May 15, 1991
ARRC OBJECTIONS
21 NCAC 16C .0310
21 NCAC 16D .0101
Medical Examiners
Reexamination
Eligibility Requirements
ARRC Objection 3/21/91
ARRC Objection 3/21/91
ARRC Objection 2/25/91
So Action 3/21/91
ARRC Objection 11/14/90
Obj. Removed 12/20/90
ARRC Objection 12/20/90
1/18/91
2/25/91
1/18/91
2/25/91
1/18/91
2/25/91
1/18/91
2/25/91
Obj. Removed
ARRC Objection
Obj. Removed
ARRC Objection
Obj. Removed
ARRC Objection
Obj. Removed
21 NCAC 32B .0309 - Personal Interview
Agency Responded
21 NCAC 32M .0007 - Termination ofNP Approval
Agency Revised Rule
Nursing, Board of
21 NCAC 36 .0217 - Revocation, Suspension, or Denial of License
No Response from Agency
Agency Revised Rule
21 NCAC 36 .0504 - Certificate of Registration
Agency Revised Rule
21 NCAC 36 .0505 - General and Administrative Provisions
Agency Revised Rule
21 NCAC 36 .0507 - Fees
Agency Revised Rule
Physical Therapy
21 NCAC 48C .0102 - Responsibilities
Agency Returned Rule Unchanged
Agency Revised Rule
21 NCAC 48C .0501 - Exemption for Students
Agency Returned Rule Unchanged
Agency Revised Rule
SECRETARY OF STATE
Securities Division
18 NCAC 6 .1210 - Securities Exchgs Autod Quot. Sys. Approved/ Admin ARRC Objection 12/20/90
Agency Responded to Objection No Action 1/18/91
STATE PERSONNEL
ARRC Objection
No Action
Obj. Removed
ARRC Objection
No Action
Obj. Removed
9120/90
10/18/90
2/25/91
9/20/90
10/18/90
2/25/91
25 NCAC ID .0509 - Severance Salary Continuation
Agency's Response Unacceptable
ARRC Objection 1/18/91
2/25/91
6:4 NORTH CAROLINA REGISTER May 15, 1991
???
RULES INVALID A TED BY JUDICIAL DECISION
1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court,
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which
invalidate a rule in the Sorth Carolina Administrative Code.
10 NCAC 261 .0101 - PURPOSE: SCOPE/NOTICE OF CHANGE IN LEVEL OF CARE
10 NCAC 261 .0102 - REQUESTS FOR RECONSIDER A TION AND RECIPIENT APPEALS
10 NCAC 261 .0104 - FORMAL APPEALS
Thomas R. West, Administrative Law Judee with the Office of Administrative Hearings, declared Rules
10 NCAC 261 .0101, 10 NCAC 261 .0102 and 10 NCAC 261 .0104 void as applied in Linda Allred,
Petitioner v. North Carolina Department of Human Resources, Division of Medical Assistance, Re-
spondent (90 DHR 0940).
10 NCAC 421V .0003(c) - COUNTY DEPT OF SOCIAL SERVICES RESPONSIBILITIES
10 NCAC 42 W .0005 - REPORTING CASES OF RAPE AND INCEST
The North Carolina Court of Appeals, per Judge Robert F. Orr, declared Rules 10 NCAC 42W
.0003(c) and 10 NCAC 42W .0005 void as applied In Rankin Whittington, Daniel C Hudgins, Dr. Takey
Crist, Dr. Gwendolyn Boyd and Planned Parenthood of Greater Charlotte. Inc.. Plaintiffs v. The North
Carolina Department of Human Resources. David Flaherty, in his capacity as Secretary of the North
Carolina Department of Human Resources, The North Carolina Social Services Commission, and C.
Barry McCartv. in his capacity as Chairperson of the North Carolina Social Services Commission, De-
fendants [100 N.C. A P p. 603/398 S.E.2d 40 (1990)].
16 NCAC 6D .0105 - USE OF SCHOOL DAY
The North Carolina Supreme Court, per Associate Justice Henry E. Frye, held invalid Rule 16 NCAC
6D .0105 as decided in The State of North Carolina; The North Carolina State Board of Education; and
Bob Etheridge, State Superintendent of Public Instruction, Plaintiffs v. Whittle Communications and The
Thomasville City Board of Education. Defendant-Counlerclaimants and The Davidson County Board of
Education. Defendant-lntervenor and Counterclaimant v. The State of North Carolina: The North
Carolina State Board of Education; and Bob Etheridge. State Superintendent of Public Instruction; and
Howard S. Haworth; Barbara M. Tapscott; Kenneth R. Harris; Teena Smith Little; W.C Meekins Jr.;
Mary B. Morgan; Patricia H. Neal; Cary C Owen; Donald D. Pollock; Prezcll R. Robinson; Norma
B. Turnage; State Treasurer Harlan E. Boy/es; and Lt. Governor James C Gardner; in their official
capacities as members of The North Carolina State Board of Education, Counterclaim Defendants [328
N.C. , S.E.2d (1991)].
15A NCAC 7H .0308 - SPECIFIC USE STANDARDS
The North Carolina Court of Appeals, per Judge Sidney S. Eagles Jr., held that it was error for the
Coastal Resources Commission to fail to follow the required notice and comment procedure prior to
the adoption of temporary rule 15A NCAC 7H .0308(a)(l)(M), but that the CRC followed proper
procedures when it adopted the text of the temporary rule as a permanent rule [15A NCAC 7H
.0308(a)( 1)(M)]. Conservation Council of North Carolina v. Haste [102 N.C. App. , 402 S.E.2d
447 (1991)].
223 6:4 NORTH CAROLINA REGISTER May 15, 1991
NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM
The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two
of these, titles and chapters, are mandatory. The major subdivision of the NCA C is the title.
Each major department in the North Carolina executive branch of government has been as-
signed a title number. Titles are further broken down into chapters which shall be numerical
in order. The other two, subchapters and sections are optional subdivisions to be used by
agencies when appropriate.
TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMENISTRATD/E CODE
TITLE DEPARTMENT
1 Administration
2 Agriculture
3 Auditor
4 Economic and Community
Development
5 Correction
6 Council of State
Cultural Resources
8 Elections
9 Governor
10 Human Resources
1 1 Insurance
12 Justice
13 Labor
14A Crime Control and Public Safety
15A Environment, Health, and Natural
Resources
16 Public Education
1 7 Revenue
18 Secretary of State
19A Transportation
20 Treasurer
*21 Occupational Licensing Boards
22 Administrative Procedures
23 Community Colleges
24 Independent Agencies
25 State Personnel
26 Administrative Hearings
LICENSING BOARDS
CHAPTER
Architecture
2
Auctioneers
4
Barber Examiners
6
Certified Public Accountant Examiners
8
Chiropractic Examiners
10
General Contractors
12
Cosmetic Art Examiners
14
Dental Examiners
16
Electrical Contractors
is
Foresters
20
Geologists
21
Hearing Aid Dealers and Fitters
22
Landscape Architects
26
Landscape -Contractors
2N
Marital & Family Therapy
31
Medical Examiners
32
Midwifery Joint Committee
33
Mortuary Science
34
Nursing
36
Nursing Home Administrators
37
Occupational Therapists
38
Opticians
40
Optometry
42
Osteopathic Examination and
44
Registration
Pharmacy
46
Physical Therapy Examiners
48
Plumbing, Heating and Fire Sprinkler
50
Contractors
Podiatry Examiners
52
Practicing Counselors
53
Practicing Psychologists
54
Professional Engineers and Land Surve)
ors 56
Real Estate Commission
58
Refrigeration Examiners
60
Sanitarian Examiners
(-2
Social Work
63
Speech and Language Pathologists and
64
Audiologists
Veterinary Medical Board
66
Note: Title 21 contains the chapters of the various occupational licensing boards.
6:4 NORTH CAROLINA REGISTER May 15, 1991
224
CUMULA TIVE INDEX
CUMULA TIVE INDEX
(April 1991 - March 1992)
1991 - 1992
Pages Issue
1 - 44 1 - April
44 - 99 2 - April
100 - 185 3 - May
186 - 226 4 - May
AO - Administrative Order
AG - Attorney General's Opinions
C - Correction
FR - Final Rule
GS - General Statute
JO - Judicial Orders or Decision
M - Miscellaneous
NP - Notice of Petitions
PR - Proposed Rule
SO - Statements of Organization
FR - Temporary Rule
AGRICULTURE
Plant Industry, 102 PR
CORRECTION
Division of Prisons, 35 FR, 87 FR, 209 FR
ECONOMIC AND COMMUNITY DEVELOPMENT
Alcoholic Beverage Control Commission, 4 PR
Community Assistance, 104 PR
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
Environmental Management, 197 PR
Health: Epidemiology, 28 PR
Health Services, 9 PR
Marine Fisheries, 122 PR
Wildlife Resources Commission, 84 PR, 170 PR, 198 PR
FINAL DECISION LETTERS
Voting Rights Act, 48
FINAL RULES
Fist of Rules Codified, 89 FR, 215 FR
GOVERNOR/LI. GOVERNOR
Executive Orders. 1, 45, 100, 186
225 6:4 NORTH CAROLINA REGISTER May 15, 1991
CUMULA TIVE INDEX
HUMAN RESOURCES
Aging, Division of, 72 PR
Facility Services, 104 PR
Medical Assistance, 9 PR, 112 PR, 188 PR
Mental Health, Developmental Disabilities and Substance Abuse Services, 5 PR, 49 PR
Social Services, 116 PR
INSURANCE
Actuarial Services, 119 PR
Special Services Division, 84 PR
JUSTICE
Private Protective Services, 121 PR
LICENSING BOARDS
Architecture, Board of, 30 PR
Certified Public Accountant Examiners, 201 PR
Pharmacy, Board of, 201 PR
Physical Therapy Examiners, Board of, 33 PR
Practicing Psychologists Examiners, 203 PR
Real Estate Commission, 171 PR
PUBLIC EDUCATION
Elementary and Secondary, 29 PR, 199 PR
REVENUE
Property Tax Commission, 210 ER
SECRETARY OF STATE
Securities Division, 85 PR
STATE PERSONNEL
State Personnel Commission, 172 PR
TRANSPORTATION
Division of Motor Vehicles, 213 ER
6:4 NORTH CAROLINA REGISTER May 15, 1991 226
NORTH CAROLINA ADMINISTRATIVE CODE
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